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(영문) 창원지방법원 마산지원 2014.04.23 2014고정179
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

The defendant was sentenced to six months of imprisonment with prison labor for special larceny on February 20, 2013 in Changwon District Court Msan Branch, and has been sentenced to six months for the same year.

6. The same year in which the above judgment was finalized on July 26, 201 and the same court was sentenced to a suspended sentence of three years in one year and six months due to a violation of the Punishment of Violences, etc. Act (a violation of any collective action, deadly weapons, etc.) on July 26, 2013.

8.3. As the above judgment became final and conclusive, it is between L, M, and A, who were aware of each other while living in the vicinity of M, M, and A.

On June 5, 2013, the Defendant, at around 09:05, 09, performed drinking in a park adjacent to the (Gu) station 11-70, Changwon-si, Changwon-si, Changwon-si, Yang Changwon-si, and the victim N was 10,000 won to the Defendant, etc.

A had the victim N "a fluor, fluor, penta, etc. at the fluor's fluor's match", had the victim refused it, laid the penta, etc. on the floor, and the victim resisted it.

Accordingly, the Defendant flicked the victim's inner part once by drinking, flicked the victim's chest part once by drinking, flicked the victim's inner part, flick part, head, etc., flicking the victim's internal part, flicking the victim's blick, flicking the victim's blick, flicking the victim's blick flag, etc., and flicked the victim in collaboration with the above A, etc.

Summary of Evidence

1. Each police interrogation protocol of the accused, A, L, or M;

1. Statement of the N in the police station;

1. Investigation report (or relative investigation of witnesses);

1. Criminal records;

1. Report on the previous disposition and the result of confirmation; and

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. to written judgments);

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the same Act, Article 260 (1) of the Criminal Act, the selection of fines

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing under the latter part of Article 39(1) of the Criminal Act exempted from punishment in this case.

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