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(영문) 대구지방법원 2008.9.25.선고 2008고단2525 판결
폭력행위등처벌에관한법률위반(공동상해)
Cases

208 Violation of the Punishment of Violences, etc. Act (joint injury)

Defendant

1.Mambling00 (717.Mambling Operation)

Additional note of Jinsan-si in Gyeongsan-si

Reference domicile Daegu Dong-gu

2.00 Jins (74 advertising business)

Housing Daegu Dong-gu

Reference domicile Daegu Jung-gu

Prosecutor

Movingwon

Imposition of Judgment

September 25, 2008

Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fines, the Defendants shall be confined in the Labor House for a period of 50,000 won converted into one day.

The three days of detention days prior to the issuance of this judgment shall be included in the period of detention in the workhouse for defendant 1.

To order the Defendants to pay the amount equivalent to the above fines.

Reasons

Criminal facts

Defendant 1 is an organized violence group belonging to 'Hayang-ri' which is one of the native violence organizations in the subordinate regions, and Defendant 2 is an organized violence group belonging to 'Dong-gu Union Dissolution', which is an organized organization working in the Daegu East-gu area.

At around 04:00 on April 2, 2008, the Defendants put up for organized violence and breach of trust by the victims of this O0 (the age of 48) ** * * Professor Professor Professor Professor Professor Professor Professor Professor Professor Professor Professor Professor Professor Professor Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha, the victims Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha, the victims Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha, who Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha, the victim 2 Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha k.

As a result, the Defendants jointly put up the side of the face to the victim in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendant 1 including Defendant 2’s statement of the suspect interrogation protocol in the prosecution; and

1. Police suspect interrogation protocol against Defendant 2

1. Each police statement about ○○;

1. A written diagnosis of injury;

Application of Statutes

1. Article applicable to criminal facts;

Article 2(2) and (1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act

1. Selection of punishment;

Selection of each fine

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Calculation of days of pre-trial detention (Defendant 1);

Article 57 of the Criminal Act

1. Order of provisional payment;

The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that Defendant 1 had the previous convictions including three times before and after the commission of violence, and Defendant 2 had all 11 times the previous convictions including six times before and after the commission of violence (the defendant 2 was sentenced to two years of suspended sentence for one year of imprisonment at the Daegu District Court on August 28, 2007 due to the violation of the Petroleum and Petroleum Substitute Fuel Business Act and is still under the grace period as of September 5, 2007). The specific circumstance leading to the crime of this case, the method by which two or more persons jointly use the specific circumstance leading to the crime of this case, the crime and the number of laws are extremely poor, but the victim was paid 1,00,000 won to the victim as compensation, and the circumstances after the crime, etc. are considered as follows.

Judges

Judges Laos

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