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(영문) 서울남부지방법원 2014.06.03 2014고단648
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date of the conclusion of the judgment, the above decision is made.

Reasons

Punishment of the crime

피고인들은 2013. 10. 8. 22:50경 서울 강서구 방화동 829-4 방화역 3번 출구 앞 노상에서 피해자 C(29세)와 택시 승차 문제로 시비가 되어 서로 욕설을 하던 중, 피고인 B는 피해자의 머리채를 잡고 주먹으로 얼굴을 1회 때려 바닥에 넘어뜨리고, 옆에 있던 피고인 A은 이에 합세하여 바닥에 누워있던 피해자의 얼굴을 발로 1회 걷어찼다.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Statement by the prosecution concerning D;

1. Statement to C by the police;

1. Application of outputs and damaged Acts and subordinate statutes by capturing a dynamic image;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of imprisonment with prison labor, and the selection of a sentence for a crime;

1. Article 62 (1) of the Criminal Act (the defendants) of the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of recommendation and punishment based on the sentencing criteria: No person shall be punished for committing assault crimes in the basic area (two to ten months).

2. The crime of this case by which the Defendants jointly assaulted the victim and the nature of the crime is not good, and the victim seems to have suffered considerable physical and mental shock due to the assault by the Defendants, and the fact that the Defendants did not agree with the victim is disadvantageous to the Defendants.

However, in full view of the following facts: (a) the Defendants led to the instant crime; (b) Defendant A had been sentenced to a fine before and once; (c) Defendant B was the first offender; (d) the Defendants deposited KRW 10 million for the victim; and (e) the Defendants’ age, character and conduct, surrounding environment, and motive for committing the instant crime; and (e) all of the conditions of sentencing as indicated in the records and arguments, including the records and arguments of the instant case, including the Defendants’ age, character and conduct

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