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(영문) 전주지방법원 2020.09.09 2020고합67
폭력행위등처벌에관한법률위반(단체등의공동폭행)등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

On November 10, 2017, the Defendant was sentenced to one year to imprisonment for a violation of the Punishment of Violences, etc. Act (organization and activity of an organization, etc.) at the Jeonju High Court of Gwangju, and completed the execution of the sentence in the Jeonju Prison on February 14, 2018.

The indictment of this case contains the record of the crime that "the defendant was sentenced to two years of suspension of execution to August 29, 2019 due to a violation of the Punishment of Violences, etc. Act (joint injury) by the Suwon District Court on August 29, 2019, and the above judgment was finalized on September 6, 2019." However, the date and time of the crime of the crime of the judgment in the above final judgment is around 04:10 on November 20, 2016 (section 815 of the Investigation Records), and the date and time of the crime of violation of the Punishment of Violences, etc. Act (Organization and Activity of Organizations, etc.) at the Jeonju District Court in Gwangju High Court prior to the final judgment sentenced to one year of imprisonment with prison labor on November 10, 2017, Article 39 (1) of the Criminal Act does not apply since the crime of this case does not constitute cases where it can be judged simultaneously with the crime of the judgment finalized in Suwon District Court as above

(See Supreme Court Decision 2009Do9948 Decided October 27, 2011, etc.). On December 7, 2018, Da, which is the cause of the organization of the one-person Cmph, decided that the victim G (F) was under dispute in the past within the boundary of “F” located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City on December 7, 2018, and that he was under dispute with the victim G (F 20 years of age) and that he was under dispute with the victim G by hand, she was under kne, kne, kne, kne, kne, kne, kne, kne, etc. of the victim.

around that time, the defendant arrived at the above main points, and D moved the victim out of the above main points with J and the defendant.

J continuedly, in the street near the above main point, the horses such as the “hurrily humbine, voice, hurbine humbine at a canter,” etc., and the victim’s face was expressed.

As above, the Defendant, along with K, H, etc. when the J assaults the victim out of the above main point.

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