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(영문) 제주지방법원 2014.11.28 2014고단1326

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

On June 11, 2009, Defendant A was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.) at the Jeju District Court, and the judgment became final and conclusive on the 19th day of the same month. On September 3, 2009, Defendant A was sentenced to a suspended sentence of two years for an injury to the above court on the 11th day of the same month, and the judgment became final and conclusive on the 11th day of the same month. However, on December 30, 2009, the above court was sentenced to a imprisonment of six months for a violation of the Punishment of Violences, etc. Act (joint confinement) and the said suspended sentence became null and void and conclusive on February 9, 2012.

Criminal facts

The Defendants were those who were working as a acting member of the “componion”, which is a organized violence organization in Jeju-do. On July 28, 2014, around 07:00, the victim E (the age of 22) was working as an employee, at the 1studio of “Gju” located in the F, Jeju-do, where the victim E (the age of 22) worked as an employee.

Defendant

A은 피해자의 동료인 종업원 H이 술에 취해 말실수를 반복하자 H의 뺨을 때리고 피해자가 이를 만류한다는 이유로 피해자를 넘어뜨려 주먹과 발로 수회 때리고 계속하여 룸 안쪽으로 도망가는 피해자를 향해 위험한 물건인 유리잔을 수 회 던진 다음 유리잔으로 피해자의 머리를 내리치다가 머리를 감싸 쥔 피해자의 손등에 맞게 하고, 계속하여 피해자에게 다리를 테이블 위로 올려놓으라고 한 후 위험한 물건인 깨진 술병을 피해자의 다리에 가져다 대며 “다리를 잘라버리겠다!”고 말하여 피해자를 위협하였다.

Defendant

B said, the victim was sent out of the studio, and the victim was able to listen to the sound that the victim out of the knife is finding the knife, and the ice, which is a dangerous object, was put in the face of the victim by driving away from the knife to the knife, and the victim's face was taken by drinking.

Since then, Defendant B is again the victim.