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(영문) 청주지방법원 2016.04.05 2016고정135
폭행
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. Defendant A

A. On February 15, 2015, at around 13:50 on February 15, 2015, the Defendant: (a) committed assault by the victim F, who was aware of the Defendant’s father E’s and the Defendant’s family members, in front of the house of the Defendant’s father E, who returned home to the Defendant and her family, with his father E, E, E, E, Ga, Hah H, etc.; and (b) the victim returned home to the Defendant’s family and frighted from the Defendant’s family.

B. On the same day as the written in the above paragraph (a), the Defendant: (a) told the defective victim to enter the Victim H’s house at around 14:00 on the same day; and (b) assaulted the victim’s head debt with both hand by putting the victim’s head debt.

2. Defendant B, at around 13:55 on the same day as the above 1’s paragraph (a), committed assault against the victim’s cell phone, which is a dangerous object cited by the Defendant, on the ground that the victim H expressed the Defendant’s desire in front of E’s house.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of the police officers against the Defendants I, H, G, E (including the confrontation part);

1. Application of the law of the police statement protocol to F;

1. Relevant Article 260(1) (Selection of Penalty) of the Criminal Act and Article 260(1) (Selection of Penalty): Defendant B: Articles 261 and 260(1) (Selection of Penalty) of the Criminal Act;

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

1. Sentence Defendants: Fines of 2,000,000 won; and

1. Article 70(1) and Article 69(2) of the Criminal Act (the period computed by converting the amount of KRW 100,000 into one day) by the detention in a workhouse;

1. Article 59(1) of the suspended sentence (the crime of this case) of the Criminal Act (the crime of this case was committed between family members, resulting in conflicts and incombustibilitys, and Defendant A has a three-class mental disorder, and both Defendants are divided into a first offense without any previous conviction.

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