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(영문) 수원지방법원 성남지원 2018.03.30 2017고단3355
폭력행위등처벌에관한법률위반(공동폭행)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant and C in violation of the Punishment of Violences, etc. Act (joint assault) are friendly;

On July 23, 2017, the Defendant: (a) was under the influence of alcohol in front of the singing practice hall in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si; (b) the Defendant was able to take the head of the F in his hand while drinking in front of the singing practice hall; and (c) the Victim G (V, 29 years of age) who was a witness at the time, who was under the influence of alcohol in front of the singing practice hall; and (d) the Defendant “Is women who were under the control of

”라고 말을 하면서 제지하였다는 이유로 화가 나 피해자에게 “ 뭘 봐 씹할 년 아 ”라고 욕설을 하면서 주먹으로 피해자의 머리 부분을 1회 때리고, C는 이에 합세하여 발로 피해자의 우측 옆구리 부분을 1회 걷어 차 폭행하였다.

As a result, Defendant and C assaulted the victim jointly.

2. The Defendant in violation of the Punishment of Violences, etc. Act (joint injury) and C assaulted G at the time, place, as described in paragraph 1, as described in paragraph 1, and the Defendant and C were the victim H (33 ) of G’s male-friendly arrest victim H, and the Defendant expressed that “the victim was “a bit of bitch bitch bitch bitch bitch bitch bitch bitch,” and the Defendant saw the victim as “a bit of bitch bitch bitch bitch bitch bitch,” and C, in combination with it, she inflicted an injury on the victim, such as a non-furnter, in which the victim’s face and her body had been taken by drinking and bitch.

As a result, Defendant and C jointly inflicted injury on the victim.

Summary of Evidence

1. Each legal statement of the defendant and C

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 2(2)1 of the same Act, Article 260 of the Criminal Act (the point of joint assault) and Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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