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(영문) 서울북부지방법원 2016.10.19 2016고단2128
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A(A) and Defendant B(A) are vice versa.

Defendant

A around 22:15 on November 4, 2015, around 22:15, at the “H” restaurant located in Dongdaemun-gu Seoul Metropolitan Government, the victim I(40 years of age), victim J(34 years of age), and victim K(37 years of age) committed assault by marizing the above J's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her, and in his her her her her hand her her her her her her her her her her her her her her hers his her hand, and assault the above J and K with his her her her her her her her her her hand.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement concerning I and L;

1. Written statements of J, K and I;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigative report, investigative report (victim I telephone conversations), investigation report (victim K telephone communications); and investigation report (victim K telephone communications);

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to four years;

2. The scope of the recommended punishment according to the sentencing guidelines for the crimes No. 1 [Scope of Recommendation] and the scope of the final punishment due to the aggravated multiple crimes for which there are no basic fields (two months to ten months) (the scope of Recommendation), the basic areas (two months to ten months) (the special persons) of Type 1 (general violence) (the scope of Recommendation), the basic areas (two months to ten months) (the special persons) (the scope of Recommendation), the basic areas (two months to ten months) (the special persons) (the scope of Recommendation), the basic areas (two months to ten months), the basic areas (the general violence) of Category 1 (the general violence) (the special persons) (the scope of Recommendation), the basic areas (two months to ten months): February to June 10;

3. The fact that the sentence was committed for the reason of the minor decision of sentence, and the record of punishment for the same kind of crime is possible, and some of them are the crimes jointly committed by the defendants.

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