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(영문) 부산지방법원 2017.09.21 2016고단5605 (1)
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. B, on June 3, 2016, around 00:34, around 00:34, 2016, at the road located in Busan, Busan, with G (38 tax) and Defendant A (37 tax) on the front side of the “Del” on the road located in Busan, J (38 tax) and F.

H(38 S) under the influence of alcohol, the driver of the vehicle who walked without any reason.

Accordingly, B took his hand the face side of H and G, and Defendant A at hand, and Party B took the face side, and Party B took the face, and Party H, G, and Defendant A took the part of each face of Party H, G, and Defendant A, with which it is impossible for H to know the number of days of treatment.

2. Defendant A

A. Defendant A violated the Punishment of Violences, etc. Act (joint assault) committed an act of violence at the same time, at the same time, and at the same place, the victim E fating the fat, and H (Suspension of Prosecution on the same day) committed an assault against the victims in such a manner as to fat off the part of the victim B’s b’s fat, thereby cutting off the victim B’s fat, and G (Suspension of Prosecution on the same day) committed an assault.

Accordingly, Defendant A assaulted victims jointly with G and H.

B. The special intimidation Defendant A, at the same time and place as above, had two knife blades, which are dangerous objects at the main point of “I,” located in the vicinity, and threatened the victims of the said fighting at the same time and place as above.

Summary of Evidence

1. Each protocol concerning the examination of the police officers against B, E, F, J, H, G, and the accused;

1. Application of each statute on photographs;

1. Article 2 (2) 1 of the relevant Act on the Punishment of Violences, etc., for the crime, and Article 2 of the Act on the Punishment of Violences, etc., for the Selection of Punishment, Article 260 (1) of the Criminal Act (a point of joint assault), Article 284 and Article 283 (1) (a point of special intimidation) of the Criminal Act;

1. Trade concurrences: Articles 40 and 50 of the Criminal Act for special intimidation;

1. Selection of each sentence of imprisonment;

1. A person who interferes with the performance of public duties and the performance of duties on June 4, 2015, during the period of suspension of the execution of concurrent crimes as a crime of violence with reason for sentencing under the former part of Article 37, Article 38(1)2, or Article 50 of the Criminal Act, during the period of suspension of the execution of punishment.

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