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(영문) 대전지방법원 2014.10.20 2014고단2806

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for one year.

except that 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

피고인은 2011. 초순경부터 2012. 초순경까지 대전일대 폭력조직인 속칭 ‘한일파’의 조직원으로 활동하면서 동기들과 함께 후배 조직원들의 기강을 잡기 위해 속칭 ‘줄빳다’를 때리기로 하였다.

1. At around 01:00 to 02:00 on December 2, 2011, the Defendant jointly with the motive B, C, D, E, F, G, and H, the victim I (19 years of age), J (20 years of age), K (19 years of age), M (19 years of age), the victims, who were victims, were sent back to the wall of the building in order to cut back from the wall of the building, and subsequently, the Defendant and the victim, C, D, D, E, F, G, and H returned one another and prepared in order for the victims to commit assault and assault 15 years of age, respectively.

2. The Defendant, in collaboration with B, C, D, E, F, G, and H, assaulted each of the victims in the same manner as Aluminium air-conditioning nets, which are dangerous objects at the above location, around 01:0-02:00 on January 1, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to B, G, K, M, F, and H

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the fact that the degree of damage is not excessive and the fact that the degree of damage is against the wrong fact) is higher than that of the Criminal