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(영문) 의정부지방법원 고양지원 2014.07.10 2014고단261

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Violation of the Punishment of Violences, etc. Act;

가. 피고인 B 피고인은 2013. 11. 8. 22:00경 양주시 장흥면 일영리에 있는 장흥고가 밑에서, 피해자 A(남, 46세)과 도박자금 분배 문제로 실랑이한 끝에 피고인이 가지고 있던 돈 중 130만 원을 제외한 나머지 돈을 피해자에게 나누어주기로 하였다가, 잠시 후 피고인은 주지 않아도 될 돈을 괜히 준 것 같다는 마음이 들어 순간적으로 화가 나, 그 곳 바닥에 있던 돌을 집어 들고 피해자의 귀 부분을 1회 내리쳤다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

B. Defendant A, at the same time and place as described in paragraph (a), was assaulted as described in paragraph (a), and the victim B (Nam, 45 years old) went away from the victim’s her head, thereby getting off the part of the victim’s head once.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Defendant B: (a) around 22:07 on November 8, 2013, at the place indicated in paragraph (1) and on 112’s cell phone, Defendant B sent a telephone to the 112-day general situation room, and (b) reported to the police officer who belongs to the 2nd general situation room of the Gyeonggi-do Police Agency 2 and 112 to the effect that “the Defendant was engaged in robbery from the fluor who was known to the police officer before fluoring and the fluor-type A, E, F, etc.; (b) obtained money from the police officer G (the police box belonging to the Yangyang Police Station) who was dispatched to the scene after fluoring, and obtained money from the police officer G (the police box belonging to the Yangyang Police Station) who was sent to the scene, etc. to the effect that “A, F, etc., who was going to know at the place of fluoral and went back to the fluoral.”

그러나 사실 피고인은 A에게 주지 않아도 될 돈을 괜히 준 것 같다는 분한 마음이 들어 먼저 돌을 들어 A의 머리를 가격하였고 이에 화가 난 A이 그 돌을 빼앗아 피고인의 머리를 가격한 것으로, A이 돈을 빼앗기 위해 피고인을...