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(영문) 광주지방법원 해남지원 2018.06.28 2018고단201
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] The Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Daejeon District Court on September 22, 2016, and on September 30, 2016, the above judgment was finalized on September 31, 2016. On August 31, 2017, the Daejeon District Court sentenced two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Daejeon District Court, and on September 8, 2017, the above judgment became final and conclusive on September 8, 2017, and is currently under suspension of execution. On December 15, 2017, the Defendant was sentenced to one year and two months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on February 13, 2018, which became final and conclusive on February 13, 2018.

[2] The Defendant and C, and the victim D (37 tax) are one of the members of the violent crime groups working in the Daejeon area, and the Defendant are willing to assault the victim, who is a ship with the reputation with C.

On October 28, 2016, the Defendant: (a) around 07:13, around 07:13, on the street in front of the apartment door in front of the entrance of the Daejeon Pungdong, and (b) on the boarding of the car driven by C, and arrived at the above place, the Defendant was faced with the face of the victim by his head, making the face of the victim one time in a week, and walking the victim’s face one time due to a drinking, and C took the face of the victim by drinking, and the Defendant and C threatened the victim with golf loans kept in custody in the said car.

Accordingly, the defendant assaulted the victim jointly with C.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements in the police interrogation records concerning E, F, G, H, I, and D;

1. Each report on internal investigation:

1. On-site CCTV CDs;

1. Previous convictions in judgment: Inquiry about criminal history and application of each copy of judgment;

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the same Act concerning the selection of a punishment, Article 260 (1) of the Criminal Act, and Article 260 of the Criminal Act, the selection of imprisonment;

1. After Article 37 of the Criminal Act, the defendant for the reason of sentencing under Article 39(1) is a violent crime.

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