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(영문) 대구지방법원 경주지원 2015.03.18 2015고단106
폭력행위등처벌에관한법률위반(공동폭행)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. Around 10:45 on January 19, 2015, the Defendant violated the Punishment of Violence, etc. Act (the destruction and damage, etc. of collective weapons, etc.) with a locker (62 cm in length), which is dangerous in the victim D’s residence in the racing-si, set off a locker (62 cm in length), and went into the dwelling room with the said locker after opening a door.

Accordingly, the defendant carried dangerous things into the victim's residence, and damaged the iron gate in the market price which is not owned by the victim.

2. The Defendant violated the Punishment of Violence, etc. Act (collectively weapon, etc.) entered the same time, place as mentioned in the preceding paragraph, and as mentioned above, went into a living room in the above residence and brought the victim D (the age of 65) and his denied victim E (the age of 64) several times.

Accordingly, the defendant carried dangerous articles and assaulted victims.

3. Around November 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint assault) along with her friendly arrest F, and around 22:50 on November 8, 2014, the Defendant was under the influence of alcohol at H located in G on G on November 22, 2014, and was released from the victim I (the age of 34) who was a guest, and the F was under the influence of drinking, and the Defendant was under the influence of drinking.

As a result, the defendant committed violence against the victim jointly with F.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Each police statement made to D, E, and I;

1. Application of the Act and subordinate statutes to the general list of seized articles, records of seizure (propeachment), list of seizures, list of seizures (propeachment of a suspect A on January 19, 2015), investigation reports (Attachment of a photograph of a suspect), investigation reports (verification of departure from the Republic of Korea), investigation reports (in relation to the suspect F materials), investigation reports (in relation to the suspect F materials), inquiry reports (in relation to his/her ability to use Korean language), inquiry reports, and registered alien cards;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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