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(영문) 수원지방법원 안양지원 2018.04.27 2017고단774
폭력행위등처벌에관한법률위반(공동폭행)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On November 27, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint assault) 01:40 on November 27, 2016, on the ground that the Defendant was faced with the victim E (26 years old) and shoulder in front of C in the Mangnyang-gu, Mangnyang-gu, Syang-si, with the one-way D, while walking along with the one-way D.

The Defendant: (a) frenched a french of the victim E and walked the victim E by walking the french; (b) D f (n, 24 years old) f (n, 24 years old) f (n, b4 years old) f, who was the denial of the above E, fating the victim E’s body and drinking the victim E and fating his face.

Accordingly, the defendant assaulted victims jointly with D.

2. In the same time and place as above paragraph 1, the injured Defendant sent the victim’s face one time to the victim G(22) who is the wife of E at the same time and place as above, on the ground that the victim G(22) who is the wife of E knows the Defendant.

As a result, the defendant suffered bodily injury, such as injury to the victim, face, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made in relation to F, E, and G;

1. Photographs of the victim;

1. Investigation report (Confirmation of whetherCCTV is installed and video verification);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 2 (2) 1 of the same Act, Article 260 (1) of the Criminal Act (joint assault and choice of imprisonment) and Article 257 (1) of the Criminal Act (the choice of injury, imprisonment with prison labor)

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes [the scope of recommended punishment in accordance with the sentencing guidelines] - Class 1 of general injury (general injury) - Class 2 of the basic area (from April to January 1) - the scope of final sentencing according to the aggravation of multiple crimes in the basic area (from February to October) No. 1 (general violence) of the Act on the Aggravated Punishment of Crimes: April to 11 (decision of sentence] has the record of being sentenced to suspended sentence due to special robbery, etc.

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