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(영문) 부산지방법원 2018.07.06 2018고단378
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A In four months of imprisonment, Defendant B shall be punished by a fine of 5,00,000 won, and Defendant C shall be punished by a fine of 3,00,000 won.

Reasons

In light of the above legal principles, the Defendants jointly committed an act of assaulting the victim J, the victim K, and the victim L with the number of days of treatment to the victim I.

2. Defendant B, at the time and place set forth in paragraph 1, was the victim M(24) who was assaulted by J at the time and place, and the victim’s face was belbowed once.

Summary of Evidence

1. The respective legal statements of Defendant A and C

1. Each legal statement of witness M and N;

1. Each police statement made against I, L, K, J, and M;

1. Application of each written judgment (No. 132 pages, No. 142 of evidence records), a copy of indictment, and statutes;

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of each joint assault), Article 260(1) of the Criminal Act (the point of each joint assault) against Defendant A, and Article 260(2) of the Act on the Punishment of Violences, etc., Defendant B who has selected each fine against the rest of the Defendants: Article 260(1) (the point of assault) of the Criminal Act, and selection of fines

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendant A, and C: Article 37 of the Criminal Act: Provided, That Article 39 (1) of the same Act shall apply;

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. Defendant B, and C: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B and C: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act * Defendant A is a single concurrent offender after Article 37 of the Criminal Procedure Act. Since the remaining Defendants are sentenced to a fine, Defendant A and B have many records of violent crimes that are disadvantageous to them: In particular, Defendant A is a majority of the records of violent crimes that are favorable to the recidivism during the period of repeated offense due to the same crime: The victim I, K, L, and J appears to have not want to be punished by the Defendants; other Defendants’ age, sex, environment, motive, means, results, and circumstances after the crime are considered.

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