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(영문) 광주지방법원순천지원 2020.11.06 2019고단2845
폭력행위등처벌에관한법률위반(공동폭행)
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendants are between the father and the victim C, and the victim C is the friendship of Defendant A.

On May 20, 2019, around 09:25, the Defendants found the victims C to the E-2 factory operated by the victims C in Yong-Nam-gun, Jeonnam-gun, because they received money from Defendant A in the past.

1. Around May 20, 2019, Defendant B committed a assault by having another hand by committing an act that seems to have a close range to the victim C with a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to having a view to the victim.

2. Defendant B violated the Punishment of Violence, etc. Act (joint assault) by the Defendants, after special assault as stated in paragraph (1), placed a view to a vehicle gate in the middle line of the passenger car where the camping net was on board the said factory, and returned to the factory head where the Defendant A and the victim C are in dispute, was pushed down two times over the part of the victim, and the Defendant A was pushed down with the part of the victim C’s chest with the hand floor.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Statement to C by the police;

1. Application of internal investigation reports (Attachment of CCTV image analysis photographs), caps photographs, and CCTV video-related Acts and subordinate statutes;

1. Article applicable to criminal facts;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and the choice of imprisonment

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (a point of joint assault), Articles 261 and 260(1) of the Criminal Act (a point of special assault) of the Criminal Act, the choice of imprisonment with prison labor

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant B);

1. Article 62 (1) of the Criminal Act:

1. Defendant A with the reason of sentencing under Article 62-2 of the Criminal Act, for probation (defendant A) and community service order (defendants).

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