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(영문) 서울북부지방법원 2016.11.25 2016고단4547
폭력행위등처벌에관한법률위반(공동폭행)
Text

1. Defendant A shall be punished by imprisonment with prison labor 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

At around 04:30 on April 28, 2016, the Defendants: (a) at the main point of “D” located in Seongbuk-gu Seoul Metropolitan Government, and (b) at the victim E (the age of 42) and his wife F and Si expenses due to micro-use; (c) Defendant A, by hand, dumped the victim’s head debt, dumped the victim’s head debt on the floor; and (d) Defendant B, by hand, dumped the victim’s head debt from the floor.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the crime;

1. Defendant A: Imprisonment with prison labor; Fine;

1. Defendant A: Articles 62 (1) and 62-2 of the Criminal Act;

1. Defendant B who was detained in a workhouse or who was ordered to make a provisional payment order: Articles 70 (1) and 69 (2) of the Criminal Act; Article 334 (1) of the Criminal Procedure Act;

1. A person who has been specially sentenced to the sentencing guidelines from January to August to April to January to January to January to January to January to the base of the mitigation of the types of defendant A: A sentence of aggravated factors (joint assault), the mitigated factors (not to August): A sentence to be sentenced to imprisonment for six months: A sentence of imprisonment for six months: A person who has been sentenced to imprisonment for six months and suspension of execution; a person who has been sentenced to an order to attend a course for 40 hours (eight times of a fine of eight times of a fine of one time); a person who has been mitigated, such as a confession and a person who has been sentenced to an order to suspend the execution of the same criminal records (eight times of a fine of one time of a suspension of the execution of a sentence), a person who has been sentenced to imprisonment for five times, such as a confession

2. Sentence of defendant B: A person who is sentenced to a fine of 1.5 million won for a fine of 1.5 million won: A confession and a person who has been sentenced to a fine of 1.5 million won for a concurrent offense (three times in total of a fine): A confession and a victim’

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