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(영문) 부산지방법원 2017.09.18 2017고단4011
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on May 6, 2017, at the “C” restaurant located in Busan Island B around 03:50 on May 6, 2017, and at the “C” restaurant located in Busan Island B, the Defendant’s first-hand D (request for summary order on the same day) would make the Defendant’s first-hand alcohol from the Victim E (16:3).

The phrase “,” after hearing the victim’s words, was cut so that the victim’s breath was sponsed with breath, was sponsed with the victim’s shoulder, and the victim was sponsed with the victim’s shoulder, and the victim was sponsed with the table table, and the victim was sponsed with the victim’s breath while taking the victim’s bath.

Accordingly, the defendant assaulted the victim jointly with D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes on police interrogation records to F and E;

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the same Act concerning the selection of a punishment, Article 260 (1) of the Criminal Act, and Article 260 of the Criminal Act, the selection of imprisonment;

2. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that there was a history of punishment for the same crime four times, damage recovery, or not agreed with the victim) is an unfavorable condition.

Provided, That the execution of imprisonment shall be suspended in consideration of the violation of the law, the occurrence of serious consequences due to violence, and some circumstances to be taken into account in the course of the crime, etc., and social service shall be ordered for a considerable period of time).

3. The community service order under Article 62-2 of the Criminal Act;

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