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(영문) 대전지방법원 천안지원 2016.04.14 2016고단226
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendants shall be punished by imprisonment for three months.

However, as to the defendants, the period of one year from the day when this judgment became final and conclusive.

Reasons

(b) jointly assault the victim;

2. Defendants in violation of the Punishment of Violences, etc. Act (damage to joint property) destroyed the victim’s property by gathering and walking through a sprinking of things displayed at the victim F holding the convenience store’s market value equivalent to a total of 4.5 million won.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes on damage to property;

1. Articles 2 (2) and 2 (1) 1 of the Punishment of Violences, etc. Act as to the facts constituting an offense, Article 260 of the Criminal Act (the point of joint assault), Article 2 (2) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of joint destruction) and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act 1 of the suspended sentence * Crimes 1 applicable to the sentencing guidelines / [the scope of recommending punishment / [the scope of violence / [the scope of recommendations] / Where the degree of violence is minor (the person subject to special mitigation / [the types 1, 6, and 7] / where the degree of violence is minor (including efforts to recover damage), 2 crimes (the scope of recommended punishment) where the degree of punishment is reduced (including serious efforts to recover damage), or considerable damage is restored / [the scope of recommendations] mitigation area (one to six months) reduction area (including property damage, etc.] (one to six months) reduction area] reduction area (including efforts to recover damage) reduction area, or where significant damage is recovered, the final scope of sentence pursuant to the aggravated punishment pursuant to the majority of crimes: November 11 to 2009). There is no consensus between the victims of a crime and E, except in cases where the victims of a fine or any other circumstances exist.

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