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(영문) 수원지방법원 2015.01.07 2014고단4367
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by imprisonment for six 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 23:45 on July 7, 2014, the Defendant, along with C, discussed the issue of E and alcohol value at the F main points operated by E in Suwon-si, Suwon-si, and reported that the victim G, H, horse interest, and the Defendant had the right drinking part of the victim G two times, and C had the right drinking part of the face of the victim H one time.

In this way, the defendant committed violence against the victims jointly with C.

Summary of Evidence

1. Defendant's legal statement;

1. suspect interrogation protocol of C by the prosecution (including each statement ofG and H);

1. Each police statement of H and G;

1. A written statement of I;

1. Application of each statute on photographs;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc., and Article 2 (1) of the Criminal Act concerning the relevant Article of the Act on the Punishment of Criminal Crimes and the Selection of Punishment of Violences, etc. (Selection of Imprisonment);

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 Social Service Order Criminal Act - Type 1 of the assault crime committed by violent crime group - General assault [the scope of the territory and recommendation] basic area - two months of imprisonment or ten months of imprisonment [the scope of recommended punishment revised by the guidelines for processing multiple offenses] - the aggravated factors of imprisonment either two months or three months of imprisonment [the general person] - Where two or more persons jointly commit a crime [the decision of sentence] 2 years of the suspension of the execution of six months - the community service work 80 hours of the suspension of the execution of six months - the above sentencing person and the defendant recognized their mistake - the damages are not excessive, the damage is not excessive, the damage is presumed to have been smoothly agreed with the victims, and on the other hand, it is deemed that the risk of recidivism is significantly high in light of the criminal records of the defendant, etc.

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