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(영문) 부산지방법원 2017.09.28 2017고단4087
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than three months.

Of the facts charged of this case, the prosecution against each of the assaults is dismissed.

Reasons

Punishment of the crime

[Criminal history] On September 22, 2016, the Defendant was sentenced to a suspended sentence of three years for a violation of the Narcotics Control Act (compact) at the Daejeon District Court on September 22, 2016, and the judgment became final and conclusive on September 30, 2016.

On August 11, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the part of August 11, 2017, and is currently pending in the appellate trial.

[Criminal facts - Special assault against Victim F and Victim G is the two titles of “H”, a violent crime group in the Daejeon area.

On June 17, 2016, the Defendant assaulted F et al. on the ground that the victim F (32 years of age) was prevented from catisfing at the J coffee shop located in Seo-gu Daejeon, Seo-gu, Daejeon, on the ground that the horses of the victim F (32 years of age), which is a cause of the distribution, were located in G (33 years of age), K (32 years of age), L (32 years of age), L (32 years of age), N (32 years of age), N (32 years of age), P (32 years of age), Q (32 years of age), and Q (32 years of age) were collected in the future of a waterter that is in several frameworks of the Daejeon Sung-gu, Daejeon.

At around 20:00 on June 17, 2016, the Defendant made the victim F, the victim G, etc. downloaded the said victim’s ice, etc. at the entrance of a mountain, such as calculation of ice near the above medicinal ice, and made the victim F, the victim G, etc. do so in sequence with an Aluminium emission net, which is a dangerous object, 10 times in order.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the protocol concerning the examination of suspect to the public prosecutor in K;

1. Written public prosecutorial statements;

1. Statement made by the police against R and S;

1. Each internal investigation report (round 5,6,8) and each investigation report (round 13,19);

1. Report of H, table of 112 reported case processing, field photographs, etc., and body photographing photographs, etc. of victims G;

1. Criminal records: Application of each of the Acts and subordinate statutes of one copy, such as a written reply to inquiries, such as criminal history (A), a report on investigation (Attachment to a separate decision, etc. of a case pending in a separate trial), and a written judgment;

1. Relevant provisions of the Criminal Act and Articles 261 and 260(1) of the Criminal Act concerning criminal facts (each special assault shall be committed)

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