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(영문) 창원지방법원 진주지원 2016.08.10 2016고단443
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 3, 2016, around 16:20, around 20, the Defendants 2:35-6, at the Sacheon-si, Si 35-6, called “Sacheon-si, Sim-si, Sacheon-si, Sacheon-si,” and Defendant A, without any particular reason, went through the body of the victims C (63 years) who sought the arms name and went through the body of the victims beyond 35-6.

On the ground that the Defendants continued to stay in the victim D(50) and this Defendants met, Defendant A followed the head of the victim D, and Defendant B also followed the body parts of the victim D by combining the two parts.

Accordingly, the Defendants jointly assaulted the victim C with the victim C.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to each protocol concerning the interrogation of suspects of police to D, E, A, B, C, and D;

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

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants who observe the protection and observation: In light of the fact that the Defendants committed each of the instant crimes without any particular reason despite the fact that the reasons for sentencing under Article 62-2 of the Criminal Act had the record of having been punished for the same kind of crime, the Defendants’ liability for the crime is not exceptionally applied.

However, the following facts are considered as favorable to the Defendants, and the Defendants agreed with the victims, etc., and the Defendants appear to have been committed for the treatment of alcohol dependence, etc. by hospitalizing the hospital, and considering various sentencing conditions as indicated in the records and theories of the instant case, the sentence is to be determined as ordered by taking into account the following factors.

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