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(영문) 대전지방법원 천안지원 2016.09.23 2016고단913
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On November 10, 2013, the Defendant committed the crime: (a) around 19:00 on November 10, 2013, on the grounds that the victim D (20 years old) was at around 20 times at around 20 times for drinking, and around 20 times for the reason that the victim D (20 years old) was at around 127, the 5th floor of the YY-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) on the ground that the victim D (20 years old) was at around 19:0 among the five floors of the YY C Dong-gu, YY-gu, YY-gu, YY-si; and (c) E was at approximately 20 the shoulder of both the victims.

Accordingly, the defendant assaulted the victim jointly with E.

2. On November 22, 2013, the Defendant of the crime committed around November 22, 2013, without any justifiable reason, at the same place as indicated in paragraph (1) around 19:00, the Defendant left the said victim and walked down the victim’s bucks due to his/her mouth, and E made the victim sprinks so that he/she can sprink off his/her arms and sprink up his/her arms with his/her arms 4-5 arms.

Accordingly, the defendant assaulted the victim jointly with E.

3. On December 17, 2013, the Defendant committed the crime: (a) around December 17, 2013, on the grounds that the said victim made a false statement at the same place as that indicated in paragraph (1) around 19:00 on December 17, 2013; (b) around 20 times the victim’s knee and knebbbbbbbs; and (c) E, “I will continue to have a dint.”

"At the time of drinking, approximately 20 parts of both arms and shoulder of the victim."

Accordingly, the defendant assaulted the victim jointly with E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, G, and E;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 2(2)1 of the Act on the Punishment of Violences, etc. (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)1 of the Criminal Act; Article 260(1) of the Criminal Act; and each choice of imprisonment with labor

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommended punishment] are final according to the aggravation of multiple offenses for which there are no basic areas (two months to ten months) (special sentencing factors) in the basic area (two months to ten months).

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