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(영문) 울산지방법원 2019.09.27 2019고단2180
폭력행위등처벌에관한법률위반(공동폭행)
Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On February 15, 2019, Defendant A was sentenced to a suspended sentence of five months by imprisonment with prison labor for an injury at the Ulsan District Court on May 15, 201, and the judgment was finalized on February 23, 2019.

【Criminal Facts】

On January 15, 2019, at around 23:00, the Defendants asserted with the Defendant E (year 41) in the instant singing room on the ground that the instant singing room service was not in mind at the Ulsan-gun building, and “D” singing room on the third floor. The Defendants expressed a hummatic view with the victim, such as “the schee is,” and “the hume is,” and Defendant A took the hume of the victim’s head, leading the victim’s head into the instant singing room by hand, leading the victim’s face into the instant singing room. Defendant B took the hump of the victim’s hume with his hand, or took the victim’s face.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A written statement;

1. Each photograph;

1. Previous convictions in judgment (defendant A): Application of criminal records, and copies of written judgments;

1. The Defendants of relevant criminal facts: Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act

1. Determination of imprisonment with prison labor for Defendant A and fine for Defendant B

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who suspended the execution: Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for the remaining sentence”), which is favorable to Defendant A

1. Defendant A who has an order for probation and education: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act [Defendant A] is reasonable. The violence of the above Defendant revealed in the method and attitude of this case, and the nature and circumstance of the crime are not good in light of the circumstances and circumstances at the time of the crime, and is punished for the same kind of violent crime.

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