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(영문) 인천지방법원 2017.01.25 2016고단6958
폭력행위등처벌에관한법률위반(공동폭행)
Text

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

Reasons

Punishment of the crime

On January 15, 2016, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment was finalized on April 15, 2016.

1. On November 10, 2013, the Defendant committed the crime with C at around November 10, 2013, stating that, around 19:00 on November 10, 2013, the Defendant would make a false statement in the 3-Dong Dong-dong, Seoan-gu, Seocheon-gu, Seongbuk-gu, Seocheon-gu, 127, and the victim E (20 years old) who is the same prisoner, C would take approximately 20 times the shoulders of the victim on drinking, and the Defendant “I must see that I must do so, if you die, we die,” and when the Defendant 20 times the shoulders both of the victims.

Accordingly, the defendant assaulted the victim jointly with C.

2. On November 22, 2013, the Defendant committed the crime with C around the same place on November 22, 2013, with C, without any justifiable reason, at around around 19:00 on November 22, 2013, and C, with the victim, left the victim, and walking the victim’s buckbucks due to his/her mouth, and the Defendant made the victim spack with his/her arms and applied 4-5 arms to the victim.

Accordingly, the defendant assaulted the victim jointly with C.

3. On December 17, 2013, the Defendant committed the crime with the above C at around 19:00 on December 17, 2013 with the said C, and on the grounds that the victim makes a false statement, C is about 20 times on the ground that he/she drink and knenebbbbbs part of the victim’s drinking by drinking, and that the Defendant “I would have the victim continue to open.”

"At the same time, she was 20 times the part of both arms and shoulder of the victim in drinking."

Accordingly, the defendant assaulted the victim jointly with C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Partial statement of the witness C;

1. Previous conviction in judgment: Inquiry about criminal history and application of the text of the judgment;

1. Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718) regarding criminal facts and Article 2(1)1 of the same Act concerning the selection of punishment (amended by Act No. 13718), and Article 260(1) of the Criminal Act (amended by Act No. 260).

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