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(영문) 창원지방법원 진주지원 2017.10.31 2017고단398
폭력행위등처벌에관한법률위반(공동폭행)등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 20, 2017, the Defendants jointly committed the crimes of the Defendants: (a) around 15:15, the Defendants, while drinking alcohol together with F and G, attempted to rape with F and two male members from G.

“Isn the word “F” to the victim H (34 tax) who had heard the word to the effect that he had been in contact with him and found F. H. (34).

B. The Defendant B, who was engaged in scambling with the victim, was scambling the victim by scambling the victim, and Defendant A, by causing the victim who was scambling, was scambling.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A’s sole criminal act was accompanied by the police officers called “L” in the above date, at the above location, at the above 112 report, and accompanied by the JJ district in Sacheon Police Station in Sacheon-si, Sacheon-si. The Defendant signed “L” in the name column of the Defendant’s birth letter of voluntary accompanying consent, and submitted it to K for the purpose of the investigation of the instant case after signing the Defendant’s name and resident registration number to K.

Accordingly, the defendant, for the purpose of uttering, forged the letter of voluntary accompanying, which is a private document to prove facts, and one copy of the promise to attend for the investigation of the case, and held the forged documents respectively.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of the witness H and F;

1. The witness A’s legal statement (defendant B)

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Statement made by the police with H and F;

1. Each investigation report (with respect to suspect L, correction of a suspect's personal information);

1. Application of Acts and subordinate statutes on voluntary accompanying reports, and Acts and subordinate statutes on promising attendance for the investigation of forged cases;

1. Defendant A of the pertinent provision of the Act on the Punishment of Violences, etc.: Article 2(2)1 of the Punishment of Violences, etc. Act, Articles 260(1) and 231 of the Criminal Act (joint assault).

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