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(영문) 전주지방법원 2018.11.14 2018고단1218

특수폭행등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to two years of suspension of execution on January 19, 2018 by the Jeonju District Court for obstruction of the performance of official duties, etc., and the judgment was finalized on April 28, 2018. Defendant B was sentenced to two years of suspension of execution on April 12, 2018 by imprisonment with prison labor for injury at the Jeonju District Court on April 12, 2018, and the judgment was finalized on May 2, 2018.

[Criminal facts]

1. On January 13, 2018, Defendant A, Defendant B, and Defendant B had a dispute between the victim E ( South, 27 years old) who was drinking alcohol on the side table and the Simb, while drinking alcohol at the main point of “D” located in PPaju City on January 13, 2018.

In addition, the Defendants got out of the victim, and the Defendant A took her head while gathering the victim's head, Defendant B took her flick with her flick, her flicking the victim's flick with her flick, and Defendant A her flicked the victim's head with her hand. Defendant A her flicked the victim's head with her flick.

As a result, Defendant A, carrying dangerous articles, assaults the victim, and Defendant B, jointly with Defendant A, assaulted the victim.

2. Defendant A’s sole criminal act committed an assaulting the victim by selling the part of the victim F (the remaining 29 years old) to the person who reported the interest of the principal customer to the police officer called out after receiving a report on the case at the above date, time, and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and E;

1. G statements;

1. Photographs of the victim;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries into criminal history and investigation reports (the attachment of suspects B or A's failure to take a disposition);

1. Relevant Article of the Act on the Punishment of Violences and the Selection of Punishment A: Articles 261 and 260(1) (a) of the Criminal Act, Article 260(1) (a) of the Criminal Act, and Article 260(2)1 of the Punishment of Violences, etc. Act, and Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) (a) (a) of the Criminal Act, and Article 260(2) (a)) of the Criminal Act;

1. To treat concurrent crimes;