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(영문) 수원지방법원 2015.12.24 2015고합401
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

[Defendant A] Of the crimes of No. 1 and the crimes of No. 3 as indicated in the judgment, Defendant A shall be punished by imprisonment with prison labor for the crimes of No. 1 and No. 2.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to a suspended sentence of three years on January 3, 2015 at the Suwon District Court on December 26, 2014 due to a violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.). Defendant B was sentenced to a suspended sentence of three years on January 3, 2015. Defendant B was sentenced to a suspended sentence of one year for a crime of violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) at the Suwon District Court on December 26, 2014, and the said judgment became final and conclusive on January 3, 2015.

【Criminal Facts】

"2015, 401"

1. At around 04:50 on July 27, 2014, the Defendants jointly committed the crimes of the Defendants: (a) while drinking alcohol with F, G, and H at the main point of “E” located in Suwon-si, Suwon-si; (b) the victim I (22 years of age) found the main point; (c) upon the victim I’s request for apology on the day, and (d) he acted without any brucation against the ship; and (b) the F saw the I’s head beyond the floor so as to prevent the Plaintiff from putting it up to brucing it.

이에 I의 친구인 피해자 J(23세)가 현장으로 달려 와 I을 부축하여 주점 밖으로 데리고 나간 후, I과 J가 차량의 트렁크에서 야구 방망이와 목검을 꺼내 가지고 주점으로 다시 돌아와 이를 휘두르자 이에 대항하여 피고인 B은 주점 안에 있던 위험한 물건인 맥주병을 집어 들어 J를 향해 던지고, 피고인 A은 맥주병을 집어 들어 휘두르고, H은 발로 I의 몸을 1회 걷어찼다.

Accordingly, the Defendants conspired with H to commit violence against victims by carrying dangerous articles.

2. On March 1, 2014, at around 03:00, Defendant B found “M” 17, operated by the victim L (33 years of age) L (hereinafter “M”) on the first floor of Suwon-si, Suwon-si, K, and demanded the payment from the victim of drinking and drinking alcohol, and the F demanded the payment from the victim of drinking. This is because “The Republic of Korea is South and North Korea, and it is good to the present time.”

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