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(영문) 수원지방법원 2018.11.30 2017고단5786 (1)
폭력행위등처벌에관한법률위반(공동폭행)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

C A on June 11, 2017, in front of the E store located in Ansan-gu, Annyang-si, Annyang-si, Annyang-si, Annyang-si.

F “I see why see???”;

Does he/she himself/herself, she may do so;

In anywhere, the term “F” assaulted F by putting the F’s timber in his hand.

Defendant 1, along with the above date and time, at the same place with C, and C, with the above F’s c’s neck as his hand, moved to the commercial building, leading the victim G (27) as his hand, and the Defendant combined with this, boomed the victim’s buck with the c’s shot at drinking twice, and C used the victim’s neck on the floor.

The defendant continued to say that "Is the unclaimed", and he saw the victim's left side at one time as a drink.

Accordingly, the defendant assaulted the victim jointly with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written statement of G and F;

1. Investigation report (a statement additionally made by a victim, statement of a police officer dispatched to the scene, and investigation into field CCTVs);

1. Application of Acts and subordinate statutes of a photograph of damage, 112 report;

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the same Act concerning the selection of a punishment, Article 260 (1) of the Criminal Act, and Article 260 of the Criminal Act, the selection of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act - The nature of the crime and the circumstances that assault the victim without any reason is not good because the victim was drunk.

Although a long time has passed after the crime, there was no effort to recover damage or to reach an agreement.

In response to the request of investigative agencies and courts for a long time, they have escaped.

There is no record of punishment as well as imprisonment once due to a crime of violating the Military Service Act, one time of imprisonment or one fine due to drinking driving.

Violence seems not to be damp.

The degree of violence is not serious.

Confession of crime and reflects it.

The sentencing conditions, such as the circumstances above, the age, sex, motive, means, and consequence of the crime, shall be considered.

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