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(영문) 청주지방법원 2014.08.26 2014고단651
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:00 on December 23, 2013, the Defendant, along with C, listened to the horses that he flat from the victim F (the age of 19) while entering the E convenience store in Cheongju-si, Cheongju-si, sent the victim to the alley of G elementary school in the vicinity of the convenience store, leaving the victim out of the convenience store, going back to the alley of the latter part of G elementary school in the vicinity of the convenience store, and the Defendant took the victim's face and body back to drinking and flat the body of the victim, and C took the chest of the victim as his hand.

Accordingly, the defendant assaulted the victim jointly with C.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including the part recorded in C's statement);

1. Examination protocol of suspect C by the prosecution;

1. The prosecutor's statement concerning the F;

1. “Preparation report of records”;

1. Application of the statute of “a photograph taken of victim F”

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of imprisonment

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

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing: The victim did not want the punishment of the defendant from the police investigation stage.

The defendant led the crime and was punished by committing the same kind of crime.

At the investigation stage, the defendant demanded the victim to make a statement favorable to the defendant by reducing the crime of the defendant.

The term of punishment shall be determined within the scope of the sentence recommended by the Sentencing Committee, taking into account all the conditions of the sentencing, and the term of the punishment shall be determined within the scope of the sentencing guidelines recommended by the Sentencing Committee (2-10 months to October in the basic area of the crime of violence.

The execution of a sentence shall be suspended in consideration of the degree of damage, the victim's intention not to punish, etc., and probation shall be additionally ordered in consideration of the violence tendency of the defendant and lack of compliance awareness.

It is so decided as per Disposition for the above reasons.

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