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(영문) 대전지방법원 2017.05.25 2017고단980

폭행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 20, 2017, the Defendant, “2017 Highest 980, the Defendant, at around 22:35, 2017, assaulted the victim by assaulting the land-person C at the front parking lot of 102, an apartment complex of 102, a mountain-ro 241, Seo-gu, Seo-gu, Seoul, Seo-gu, 2017.

"2017 Highest 1461"

1. On February 20, 2017, at around 18:50, the Defendant: (a) while drinking alcohol with H and I at G cafeteria operated by the Victim F (F) in Daejeon, Daejeon; (b) on February 20, 2017, the Defendant, the Defendant, and H used the instant cafeteria at a large lux with I under the influence of alcohol; (c) assaulted I as set forth in the following paragraph 2; and (d) the Defendant, as mentioned above, assaulted I of the instant assault, fluor’s disease on the luxed floor, fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s flus

As such, the Defendant, in collusion with H and I, interfered with the victim’s restaurant business by force.

2. The Defendant violated the Punishment of Violences, etc. Act (joint assault) was under the influence of alcohol while drinking alcohol together with H and the victim I (62 years of age) at a time and place set forth in paragraph (1), and the Defendant was under the influence of alcohol, and the Defendant went beyond the victim’s face one time by drinking, and H took a part in the victim’s breath.

Accordingly, the defendant and H assaulted the victim in common as above.

Summary of Evidence

"2017 Highest 980"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Relevant photographs;

1. Investigative report (inflicting, etc.), "2017 Highest 1461";

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against H and I;

1. A written statement;

1. Application of the Acts and subordinate statutes to photographs of the scene of crime and the parts of violence;

1. Article 260(1) of the Criminal Act applicable to the crime and Article 260(1) of the option of punishment (the point of assault, the choice of imprisonment), Articles 314(1) and 30 of the Criminal Act (the point of obstructing joint business, the choice of imprisonment), and Article 2(2) of the Punishment of Violences, etc. Act.