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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The summary of the grounds for appeal (fact-finding) is that the defendant has contributed the victim by taking advantage of his/her status and has sufficiently recognized that he/she has contributed the victim.
Nevertheless, the court below found the defendant not guilty of this part of the charges of habitual conflict. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. On December 4, 2004, the Defendant is sentenced to a fine of KRW 500,000 as a crime of violation of the Punishment of Violences, etc. Act (joint injury at night), etc. at the Busan District Court on April 26, 2006, a fine of KRW 1 million as a crime of obstruction of performance of official duties at the Suwon District Court on April 15, 2006, two years of suspension of execution in June, 2006, and six months of imprisonment as a crime of violation of the Punishment of Violences, etc. Act (joint injury) at the Ansan Branch Branch Branch of the Suwon District Court on February 22, 2008, with punishment of KRW 50,000 as a fine for violation of the Punishment of Violences, etc. Act (joint violence) at the Ansan Branch Branch Branch of the Suwon District Court on November 16, 2009, and one million as a fine for violation of the Punishment of Violence, etc. Act (joint punishment of Incheon District Court on November 29, 2012>
1) Around 02:00 on December 22, 2014, the Defendant: (a) entered the said entertainment tavern around December 25, 2014, which is operated by the victim E (30 years of age) with a view to organized violence and breach of trust; and (b) sought at the victim’s entertainment tavern where the Defendant was aware of organized violence and breach of trust; and (c) was used to drink 20,000 won at the market price from an employee; and (d) went into the said entertainment tavern around December 25, 2014; and (e) went into the said entertainment tavern; and (e) went into the said entertainment tavern, and (e) was frighted by the Defendant.