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(영문) 인천지방법원 2014.07.17 2014고단3612
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

On April 24, 2014, at around 01:30 on April 24, 2014, the Defendants found the DNA funeral hall located in Nam-gu Incheon Metropolitan City, to have caused the death of her relative.

Defendants were in concert with victims E (35 years of age) who were known at all times.

Defendant

B, while the victim was under the influence of alcohol with the defendant A, the victim's face was assessed by drinking at the victim's face.

Defendant

A has taken part in several times the victims who are able to take part in the floor.

Defendant

B was stroke of the victim's stroke.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the investigation report ( funeral hallct v reading);

1. The Defendants: Articles 2(2) and 1 subparag. 1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of imprisonment

1. Defendants of suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act

1. Scope of the recommended punishment according to the sentencing guidelines (the scope of recommending punishment) (the scope of accuseds) and the area where punishment is mitigated (one month to eight months of imprisonment) of category 1 (general assault) (special mitigation).

2. In light of the fact that the Defendants were subject to criminal punishment for the same kind of crime, the details and contents of the instant crime, and the circumstances before and after the instant crime, the Defendants were disadvantageous to the Defendants; the Defendants were committed at the time of the instant crime and reflect in depth their mistakes; and the victims did not want the punishment for the Defendants, etc., taking into account the favorable circumstances for the Defendants; however, the Defendants’ age, environment, character and conduct, etc. are considered as favorable to the Defendants, and the sentencing conditions for the records and arguments are determined as per Disposition.

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