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(영문) 의정부지방법원 고양지원 2018.08.29 2018고단1772
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by imprisonment with prison labor for up to six months and by a fine of up to 500,000 won, and by imprisonment for up to four months.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A was sentenced to a suspended sentence of two years for a crime of violation of the Narcotics Control Act at the Jung-gu District Court on April 28, 2015, and the said judgment was finalized on October 13 of the same year. On June 16, 2016, the Incheon District Court sentenced a person of one year and two months of imprisonment for a crime of violation of the Narcotics Control Act at the Incheon District Court on June 16, 2016, and the said suspended sentence was invalidated, and the final period of imprisonment was terminated in the lawsuit of two North Korean Dos on November 20, 2017.

1. Joint crimes committed by the Defendants

A. On July 10, 2018, the Defendants of the joint assault reported that the Defendants would attract the Victim G (V, 27 years of age) who had drinking together with the Victim F (F, South, 30 years of age) to the Defendants’ entry, and that Defendant A would have the Victim G (V, 27 years of age) who had drinking alcohol with the Defendant’s 1st floor D operation of the building of the Dong-dong C, U.S. C., Seoul around 23:00, and that Defendant A would have the Victim F to the victim G.

” 는 등의 욕설을 하면서 시비를 건 것에 대하여 피해자 F이 항의하자, 피고인 A는 손으로 피해자 F의 얼굴을 수회 때리고, 피고인 B은 이에 합세하여 손으로 피해자 F의 얼굴을 수회 때리고, 계속에서 피해자 G가 이를 제지하려 하자 피해자 G의 옷을 잡아당기고, 피고인 A는 발로 피해자 G의 다리 부위를 걷어찼다.

Accordingly, the Defendants jointly assaulted the victim F and the victim G.

B. The Defendants had difficulty in performing their duties at the time, place, etc. described in paragraph (a) of Article 1, as seen above, 20 minutes of the disturbance, such as: (a) the Defendants booming time and booms against G customers; (b) assaulting G and F; (c) b) the body fightings; and (d) the sofest 20 minutes of the disturbance, such as the sofeting of booms on the tables, etc., on the floor in the process of assaulting G and F.

Accordingly, the Defendants conspired to interfere with the victim D's main business by force.

2. The sole criminal conduct of Defendant A;

A. A. Special assault Defendant: (a) assaulted F and G at the time, place, as described in paragraph (1); and (b) assaulted F and G, and the victim H was F and G.

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