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(영문) 대전지방법원 천안지원 2016.10.28 2016고단202
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The punishment of the accused shall be five months by imprisonment.

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

Reasons

Punishment of the crime

1. On November 8, 2015, at around 06:20, the Defendant used the victim F (20 years of age) and Si expenses, and assaulted the victim’s face at home, i.e., drinking, and drinking, at the victim’s face.

2. The Defendant, on the ground that the date, time, place, and victim G (the age of 19) expressed the Defendant who assaults F, assaulted the Victim G (the age of 19), assaulted the Victim at his face on drinking.

Summary of Evidence

1. Each legal statement of witness F, G, H and I;

1. Some statements in each police interrogation protocol against the defendant and C;

1. Application of statutes on site photographs;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2 (2) and (1) of the Act on the Punishment of Violences, etc. by which a punishment is selected, Article 260 (1) of the Criminal Act (the point of joint violence), Article 260 (1) of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Application of the sentencing criteria;

(a) Type 1 (Determination of Punishment) (General Violence) (Determination of Recommendation Area) of the Act on Violence in Type 1 (Determination of Punishment) (Determination of Recommendation Area), the basic area [Scope of Recommendation Form] from February to October (Reasons for Suspension of Execution] - There is no serious reflectivity and no effort to recover damage / positive / No effort to recover damage

(b) Class 2 of the crime of violence [Determination of Punishment] - Class 1 (General Violence): Reduction element: (including serious efforts to recover damage): Decision on the area of mitigation [Recommendation] / Decision on the area of mitigation / [The scope of recommendation] 1 to 8 months [the scope of general punishment] / Where two or more persons jointly commit a crime (the main reason for suspension of execution of sentence / [the reason for suspension of execution of sentence ] - positive exemption of punishment (including serious efforts to recover damage] - No negative reason for suspension of execution of sentence / negative: There is no serious rebuttal, and no effort to recover damage / positive: social relationship.

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