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(영문) 수원지방법원 안산지원 2016.06.23 2012고단1075 (1)
폭력행위등처벌에관한법률위반(공동폭행)
Text

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

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

Reasons

Punishment of the crime

On March 1, 2012, at around 05:45, the Defendant and B met the face and body of the victim E, F, G and Siviced in front of the D convenience store located in Singue City, and the Defendant and B met the face and body of the victim E ( South, 25 years old) by drinking, the face of the victim F ( South, 26 years old) by drinking, and go beyond the victim by drinking, and the face of the victim G ( South, 26 years old) by drinking, the head is taken by drinking, and the head is taken by drinking, and the Defendant can take the face of the victim F and E by drinking, and the Defendant can take the face and face of the victim G by drinking.

As a result, the defendant and B jointly inflict injury on the victim E on the crypt crypt, which requires a water control for about 10 days, and on the victim G about 8 weeks of treatment, and on the part of the victim F, assaulted the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the suspect examination of the police in relation to E, F, B, or G;

1. Statement made to H in the police statement protocol;

1. Application of each statute of the written diagnosis of each state;

1. Relevant Article 2(2) and (3) of the Punishment of Violences, etc. Act regarding criminal facts, each of the choice of a punishment, Article 260(1) of the Criminal Act (the point of joint injury) and Article 2(2) and 1 of the Punishment of Violences, etc. Act, Article 20(1) of the Criminal Act (the point of joint violence) and each of the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act was prosecuted before July 1, 2012, the sentence of imprisonment is to be imposed on the Defendant in consideration of the circumstances where victims G who were not subject to the sentencing guidelines suffered relatively serious injury and did not reach an agreement with the victims and the fact that they did not appear in the trial proceedings for a long time.

However, the defendant shows an attitude against the crime of this case, and the degree of participation is somewhat weak compared to B.

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