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(영문) 춘천지방법원 2018.06.07 2017고단1331
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

Reasons

Punishment of the crime

Defendant

A was sentenced to six months of imprisonment for embezzlement, etc. at the Chuncheon District Court on February 4, 2016, and the execution of the sentence was terminated on August 4, 2016.

1. On July 15, 2017, Defendant B committed the joint crime of the Defendants: (a) around 02:00 on the street in front of D main points in Chuncheon-si C, Chuncheon-si; (b) on the ground that the victim E (23 tax) who was known to and was in common, did not talk about the victim E (23) with a good talk about him; (c) on the part of the victim E, the victim E’s face part is 2 times in the hands-on floor; (d) the victim F (23 years) the face part is 2 times in the hands-on floor; and (e) the Defendant assaulted the victim G (24 years) who attempted to assault the victim by combining it.

Accordingly, the Defendants jointly assaulted victims.

2. Defendant A’s sole criminal defendant committed violence against E at a time, time, and place, such as 1.1. paragraph (1) against the victim F, who attempted to assault against E, and assaulted the victim F, a knife (32 cm in length, 18 cm in length), which is a dangerous object carried into and out of the above D main points, on the part of the victim, on the part of the victim, and on the other hand, on the other hand, on the part of the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Defendants’ written statements

1. Statement of the police statement related to F, E, and G;

1. Protocols of seizure and list of seizure and on-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (judgments, (A), and Acts and subordinate statutes on personal confinement;

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 (the point of joint assault) Defendant A: Articles 261 and 260(1) of the Criminal Act (the point of joint assault)

1. Selection of each sentence of imprisonment;

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendant A who aggravated concurrent crimes: The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act appears to be against the victim, and the victim agreed with the victim.

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