2012 Highest 5378 A. Violation of the Punishment of Violences, etc. Act (a group and chest)

2012 Highest 5445 (Joint Bodily Injury)

Violation of the Punishment of Violences, etc. Act (joint injury) 2012 highest 6946(combined)

(c) Violence;

(d) Violation of the Road Traffic Act;

E. Violation of the Automobile Management Act

(f) Injury;

(g) Attempted crimes;

(h) Registration of credit business, etc. and protection of financial users;

Violation of law

(i) Violation of the Fair Debt Collection Practices Act;

1.(a)(c) Kim ○, and non-permanent

Residential Busan District

Reference domicile Busan District

2. A. d. e. 00, 700 Other

Residence Busan Busan Jin-gu

Gyeong-nam District, Gyeong-nam District

3.(f) South ○○, other

Residential Busan District

Busan District Court Decision 200

4.(a)(b) Park 00, other

Residential Busan District

Gyeong-nam District, Gyeong-nam District

5. A.I.S.A.I.D. Kim 00, Other

Residential Busan District

Standard place of registration Gyeongnam-si

Ad hocrs, ad hoc, and ad hocs;

Law Firm Jeong, Attorney Kim Jin-soo (Defendant KimO, Gao, Kim 00)

for the purposes of this section.

Attorney Park Jong-young (Apon for defendant South ○○)

Law Firm Haki, Attorneys Dog Tae-gun (a private ship for defendant Park Jong-ok, Counsel for defendant-appellant)

November 20, 2012

Defendant KimO-O and Kim ○ shall be punished by imprisonment with prison labor for two years, by imprisonment with prison labor for 00 and by imprisonment for one year and six months, and by imprisonment with prison labor for 00 and by imprisonment with prison labor for 1 year. Of the facts charged against Defendant South ○○, the charge of violating the Punishment of Violences, etc. Act (a collective injury, a deadly weapon, etc.) shall be acquitted.

Criminal facts

On September 2, 2010, Defendant Southern District Court sentenced ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence), and completed the execution of the sentence in the Changwon Prison on March 27, 201. “The Defendant Kim Il-young, Kim ○, Park Il-○, Park Il-○, Park Il-○, Kim Jong-○, and Lee Il-○ was a person who works as a acting member in the Changwon District Court on September 2, 2010, and the victim 10 (36) was a person who worked as a acting member in the 2008 organization while working as a acting member in the 2000 "the above 2000" and the victim 10 (36) was withdrawn from the organization around 2008.

1. 피고인 김○○, 박○○, 박○○, 김○○ 및 이○○ 등의 공동범행(폭력행위등처벌에 관한법률위반(집단·흉기등상해)의 점} 피해자 정○○은 2012. 6. 7. 02:50경 부산 사상구 ○○동에 있는 '○○○ 노래방' 주점 앞 노상에서, 피고인 김○○이 인근 유흥주점에서 소위 '호객녀'로 근무하는 최○○에게 "야이 씨발년아 놔봐라!" 라고 소리치며 행패를 부리는 것을 발견하고 피고인 김○○에게 행패를 부리지 말라고 말하였다. 이때 피해자는, 피고인 김○○이 팔을 휘두르면서 "놔봐라, 뭐고, 니가 뭔데, 씨발!"이라고 욕설을 하자 화가 나 주먹으로 피고인 김○○의 얼굴을 2대 때렸다.

As such, Defendant Kim ○, who already left the organization, visited Park O, Lee 000, in order to take a look at and retaliation against the victim who already left the organization, he saw the victim to be 's so-called' in front of '00 singing' in Busan, which is located in the Odong. The Defendants came to be '○○○ Singing' with Lee ○, etc. At the same time, the Defendants came to be 'the so-called 'the so-called' work by gathering the victim' before the above '○○○○○○○○○○○○○○○○○○○○○○○○'. The Defendants are divided into four parts into the white car operated by Defendant Kim ○○ and the '○○○○○○○○○○○○○' car operated by ○○○○○○○○○○, respectively, and tried to find out the victim by moving 000 cars that the victim was on board.

피고인들은 같은 날 03:30경 부산 사상구 OO동에 있는 '000 돼지국밥집' 앞 노상에서, 혼자 담배를 피우고 있는 피해자를 발견하고 위 OOO 승용차 및 위 OOO 승용차에서 일제히 내린 다음, 피고인 박○○은 미리 준비한 위험한 물건인 알루미늄 야구방망이를 집어 들고 피해자의 왼쪽 머리를 힘껏 때리고, 계속하여 위 야구방망이로 피해자의 목, 어깨 및 허벅지 등을 수회 때리고, 피고인들 및 이OO는 "씨발놈아, 죽어라 개새끼야!"라고 소리치며 주먹과 발로 피해자의 옆구리, 등, 허리, 다리 등을 수회 때리거나 걷어찼다.

As a result, in collusion with ○○○ et al., the Defendants carried a dangerous aluminium camping net, which is a dangerous object, and carried the victim's two sides of the treatment days in the absence of medical treatment days, the inner section, the reflection, the left-hand side, and the like.

2. Single criminal conduct by Defendant Kim○-○ (a point of violence)

The Defendant, as seen above, was unable to exercise violence against ○○○ upon the use of violence against ○○○○○ as seen by the Defendant’s head of ○○○○○○○, which was a vessel of the above “○○○○○○○○○○○”, “I am back if I am, I am? I am you am?” In addition, “I am I am I am I am am, I am I am I am I am I am unable to do so soon,” and “I am I am I am, I am I am I am I am I am unable to do so.”

On June 7, 2012, around 04:20 on June 7, 2012, the Defendant discovered 00 (23 years of age) the victim sent out of 100, who had been waiting for ○○○○ to work together with the daily driving, and without any justifiable reason, assaulted the victim at one time on the right drinking of ○○○○, which was called ○○ in Busan, the Defendant called ○○○-dong, “I am to am? I am to am? I am to am? I am to am? I am to am? I am to am? I am to am to am? I am to am to am? I am to am to am to am

3. The co-principal of the defendant Kim 00, Park 00, Kim 00, and Lee 00 (the point of co-injury).

The Defendants, prior to this ○○○ and the above ○○○○○○○○○○○○○○○○○, were willinged to “a so-called “the victim’s regular ○○○” work, and the victim took away from his own ○○○○○○○○, and she gets on a white car operated by Defendant Kim○○○○○○, and she failed to drive the said 00-car.

피고인들은 같은 날 05:30경 부산 사상구 OO동에 있는 OO터널 입구로 들어가는 도로에서 피해자가 타고 있는 위 ○○○ 승용차를 추월한 후 갑자기 정차하여 ○○○ 승용차를 여러 차례 막는 방법으로 000 승용차를 강제로 세운 다음, 피해자가 00 승용차의 조수석에서 내리자, 일제히 차량에서 내린 후, 피고인 박○○은 욕설을 하면서 오른손으로 피해자의 목을 잡고 다리를 걸어 바닥에 넘어뜨리고 주저앉아 있는 피해자의 등에 올라 타 주먹으로 얼굴을 수회 때리고 발로 얼굴을 수회 걷어차고, 피고인 김○○은 발로 피해자의 얼굴을 수회 걷어차고, 피고인 김○○과 이○○는 "개새 끼야, 죽어라, 씨발놈아!"라고 소리치며 발로 피해자의 얼굴 등을 수회 걷어찼다. 이로써 피고인들은 이OO와 공동하여 피해자에게 약 4주간의 치료를 요하는 두부좌상, 안면부 좌상, 제11늑골 좌측의 선상골절 등의 상해 및 약 15일간의 치료를 요하는 외상성 결막하출혈의 상해를 가하였다.

4. Defendant 1’s sole criminal conduct

A. Violation of the Automobile Management Act

On April 2012, 2012, the Defendant borrowed 5.5 million won to Kim ○○○○○○○○○○○○○○○○ from Kim00, and operated the said car without filing an application for registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor without justifiable grounds.

(b) Violation of the Road Traffic Act;

(1) Around 13:00 on June 6, 2012, the Defendant, without obtaining a driver’s license, drive the said car on the apartment parking lot located in Busan-dong, Busan-dong, 000, from around 14:00 to around 00,000, up to the road located in the OO department store located in Busan-dong, Busan-dong, 000 on the same day. At around 20:00 on the same day, the Defendant driven the said car on the roads adjacent to the above OO department store at around 21:0 on the same day until around 00, SO department store at around 21:0 on the same day.

(2) On June 7, 2012, the Defendant driven the said car without obtaining a driver’s license at around 03:30 on June 7, 2012, from around 06:00 to the apartment parking lot at around 000 on the same day.

5. The single criminal conduct by the defendant South ○○○ (the point of injury).

On June 7, 2012, around 03:30 on June 7, 2012, the Defendant, as seen in the above “○○○○ Swinbbhouse,” took part in violence against the Ma○○○○○, Kim○, Kim○, Lee○, Lee○○, and Park○○○, such as Paragraph 1, and, on the ground that the victim’s leap 00 voiceed to Gao, “I will am back back to the leap,? I will am back to the leap,” and told the Defendant to prevent the occurrence of violence against the Ma○○○○○, as in paragraph 1, the Defendant saw the victim’s son.

Since then, ○○○○○○○ was a victim of the instant “○○○○○○”’s event, and ○○○○○’s event, which became no longer capable of exercising violence against ○○○○○○○, and ○○○○○, etc., waiting in the vicinity of ○○○○○○, and ○○○, etc., were having been able

On June 7, 2012, at least 04:40 on June 7, 2012, the Defendant inflicted an injury on the victim, such as “○○○○○○ Do, Busan, which was in front of “○○○○○○○ Do,” on the ground that the victim had been given an opportunity for additional violence against 00 hours at that place, and that “I will not see?” on the part of the Defendant, he also put the victim’s face over two times due to drinking, and caused the victim to go against the side of the victim and cut off the water on the floor, thereby causing the victim to suffer injury on the number of days of treatment days.

[Defendant Kim 00] 201 Highest 6946 (Defendant Kim00)

1. Violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

A. The Defendant did not register a credit business with the competent authority on February 201, and entered into a loan agreement of 225.7% per annum with the obligor Kim○, in a non-permanent place in Busan, Busan, on or around February 201, the Defendant agreed on the loan interest rate of 225.7% per annum. On June 201, 201, the Defendant received KRW 500,000 as principal and interest, and was paid KRW 500,000 on or around October 201. However, on around 10:0 in order of May 2010, the Defendant agreed on the loan interest rate of 10:0% per annum from the obligor Kim○ and KRW 1 million from the obligor Kim○ and KRW 25.7% per annum from around that time to July 2010.

On June 201, the Defendant agreed to the loan interest rate of 225.7% per annum to enter into a loan agreement with an obligor Kim ○, and two million won or less at a non-permanent location in Busan, Busan, and received KRW 225.7% per annum from Kim ○ from around that time to August 201. On September 9, 2011, the Defendant entered into a loan agreement with the obligor Lee ○○ on the loan agreement of KRW 228.5% per annum on a yearly basis. On November 201, 201, the Defendant agreed to the loan interest rate of KRW 228.5% per annum to enter into a loan agreement with the obligor Lee ○, and was paid KRW 1.2 million per annum as principal and interest.

D. Accordingly, the Defendant run a credit business without registering a credit business, and received interest in violation of the restriction on the interest rate.

2. Violation of the Fair Debt Collection Practices Act;

A. On June 22, 201, the Defendant: (a) around 22:00, on the street in front of the convenience store of “○○○○○○○○○○○○○,” which is located in the Seocho-gu Busan, Busan; (b) on the ground that the victim Kim○○ (27 years of age) who borrowed money from the Defendant, as set forth in paragraph (1) did not fully pay the money to the Defendant, and did not pay the money to the Defendant through the Defendant, and subsequently avoided the Defendant’s contact with the Defendant, as well as from paying the money to the Defendant, the Defendant was bound to take the victim on his vehicle, and (c) the victim was sent to the victim with sound “the victim was hicked, hicked, hicked, and hicked with the money to be repaid.” Accordingly, the Defendant assaulted the victim, who is the obligor in connection with the debt collection.

나. 피고인은 2011. 8. 하순 07:00경 부산 사상구 OO동에 있는 '0000' 앞 노상에서, 제1의 가항과 같이 피고인으로부터 돈을 빌린 피해자 김00(26세)이 돈을 제때 갚지 않고 피고인의 연락마저 피한다는 이유로, 우연히 만난 피해자에게 "이 씨발놈, 잘 만났다, 니 와 전화 안 받노!"라고 소리치며 발로 피해자의 정강이를 2회 걷어차고, 이어서 피해자에게 "이새끼, 잘 됐다, 그냥 여기서 니 때려 죽이고 돈 안 받을란다"라고 소리치며 전화로 이○○을 부른 다음, 이○○에게 "야, 빳다 가온나!"라고 소리치고, 이○○은 "예, 형님!"이라고 말하며 90도로 인사를 하고, 야구방망이를 찾는 시늉을 함으로써 피해자의 신상에 해악을 가할 듯이 겁을 주는 등 폭력배의 위세를 과시하였다. 이로써 피고인은 채권추심과 관련하여 채무자인 피해자를 폭행하고, 이00과 공모 하여 채무자인 피해자를 협박하였다.

C. On October 201, 201, the Defendant: (a) around 00:00, on the street in front of the “○○○○○○○○○○○○○○,” which is located in the Seo-gu Busan, Busan, and (b) on the ground that, like paragraph (c) of Article 1, the victim 00 (year 21) who borrowed money from the Defendant was not from time to time repaid the money; (c) the Defendant, as in the first paragraph of the same Article, voiceed the victim who was only the victim “Ise, Ise, Ise, Ise, Ise, Ise, Ise, Ise, Ise, Is

3. Attempted crimes; and

On January 21, 2012, the Defendant demanded that the trade name in the north-dong of Busan be set at two million won in front of the party room where it is impossible to identify, and that the victim Kim ○○ be set at an interest rate of 2 million won. The Defendant heard from the victim the phrase “Jin, so far, so far is larger than the principal so far, and why is more than 2 million won?” Then, the victim “I am frien, because I am, because I am frien, I am, I am frien, I am to put the money in, and if I am, I am am frien, I am am, I am ambling, and I am am.” In this case, the Defendant was sent from the victim the victim’s address and address, his father, his phone number, his work-friendly address and female address, etc., and the victim was called the victim’s thickness.”

The Defendant attempted to take money by threatening the victim, but the victim reported to the police, thereby making the victim attempted to do so.

Summary of Evidence

[Attachment] 2012 Highest 5378.5445 (Joint)

1. Defendants’ respective legal statements

1. Each legal statement of the witness ○○○, 00, and Song00;

1. A medical certificate of injury and an investigation report (regularly 00 photographs of the upper part);

1. Statement of the police statement about 00 leap;

1. Investigation report (Attachment, etc. of the list of assistant officials);

1. A criminal investigation report (suspect ○○ Arrest circumstances, confirmation of a suspect's vehicle, and bambling ○);

1. Previous convictions: Criminal records and investigation reports (verification of the record of release from ○○○ in South and North Korea, judgment, and attachment of case forwarding notes);

"2012 Highest 6946"

1. Defendant Kim 00’s legal statement

1. Each police suspect interrogation protocol on ○○ or ○○;

1. Each police statement on Kim○-○, Lee○-○, and Kim○-○;

1. Investigation report (related to calculation in 00 for each victim);

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant Kim ○-○: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Articles 257(1) and 30 of the Criminal Act, Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Criminal Act, Article 257(1) of the Criminal Act (the point of joint injury, choice of imprisonment), Article 260(1) of the Criminal Act (the point of violence and choice of imprisonment)

B. Defendant Gab○○○: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Articles 257(1) and 30 of the Criminal Act; Articles 152 subparag. 1 and 43 of the Road Traffic Act (a person who renders a license without a deadly weapon), Articles 81 subparag. 2 and 12(1) of the Automobile Management Act (a person who neglects to register the transfer of ownership of a motor vehicle; a person who makes a license without a deadly weapon); and Article 81 subparag. 2 and 12(1) of the Automobile Management Act (a person who imposes a sentence of imprisonment) of the Criminal Act.

(d) Defendant 2-○○○: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Articles 257(1) and 30 of the Criminal Act; Articles 2(2) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act (the point of joint injury; choice of imprisonment). Article 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Articles 257(1) and 30 of the Criminal Act; Articles 2(1) and 257(1)3 of the Punishment of Violences, etc. Act; Article 257(1) and 30 of the Criminal Act; Article 19(1)1 and 3 of the Criminal Act; Article 257(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users; Article 257(1)1 of the Criminal Act; Article 257(1)1 of the Act (1) of the Act on the Protection of Finance Users, etc.

Defendant ○○: Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Defendant ○○: Imprisonment selection

1. Aggravation for repeated crimes;

Defendant South ○: Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant ○○○, Park ○, Park ○, Park ○, and Kim○: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

1. Discretionary mitigation;

Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e., Supreme Court Decision 2006

The acquittal portion

1. Summary of the facts charged in violation of the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) against the defendant South ○○

피해자 정○○은 2012. 6. 7. 02:50경 부산 사상구 ○○동에 있는 '○○○ 노래방' 주점 앞 노상에서, 김○○이 인근 유흥주점에서 소위 '호객녀'로 근무하는 최○○에게 "야이 씨발년아 놔봐라!"라고 소리치며 행패를 부리는 것을 발견하고 김00에게 행패를 부리지 말라고 말하였다. 이때 피해자는, 김○○이 팔을 휘두르면서 "놔봐라, 뭐고, 니가 뭔데, 씨발!" 이라고 욕설을 하자 화가 나 주먹으로 김○○의 얼굴을 2대 때렸다.

In order to take a look at and retaliation against the victim who has already withdrawn from the organization, Kim ○○ had contact with Gao, EOO, etc. who are living together with organized lives in the above "OOOOOO" and had been gathered before the "OOOOO" in Busan-gu ○○dong.

The Defendant, along with KimO, Gao, Gao, KimO, Lee O, etc., wanted to hold a so-called "work" in front of the above "00 singing," followed by dividing four persons into a white ○○ car driven by Kim○○ and a car operated by ○○○○○ ○○○ ○○○ dong, in which the Defendant moved to the ○○○○ ○○ dong in Busan, and found the victims by following around drinking house, etc. At around 03:30 on the same day, the Defendant, etc., in collusion with the above "○○ ○○ ○○ Gaeb dong in Busan ○○ ○○○○ dong, Symbuck, etc.," and found the victims of the above ○ ○ ○○ Gao dong, etc. at the same time, and 000 on the same day, continued to see the victim's Gao Doo-dong's left-hand lebuck and other things.

2. Determination

In light of the witness ○○○, Lee00, and Song 00, and the Defendant’s use of cell phones, each evidence submitted by the Prosecutor alone is insufficient to recognize the fact that the Defendant participated in the above crime without reasonable doubt, and there is no other evidence to acknowledge it.

3. Conclusion

Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, the court acquitted the defendant pursuant to the latter part of Article 325

Although the defendants reached an agreement on behalf of the victims on the grounds of sentencing, the part on the victim's Ma○ in each of the crimes of this case regarding each of the crimes of this case is a typical retaliation by organized violence and has already been committed against the victim who endeavored to lead a new life, and the risk or quality of the crime is not easy. In particular, the defendant Kim Jong-○ et al. collected the other defendants and actively organized each of the above crimes, and the defendant Park Jong-○ actively participated in each of the above crimes. In addition, in the case of the defendant Nam-○, it is more serious than the victim's Ma○○ and the above defendant committed violence than the rest of the defendants, and it is more difficult to completely exclude the possibility that he did not participate in the execution of retaliation against the victim's Ma○, and the defendant Park Jong-○ et al., without considering the fact that the defendant Park Jong-○ did not have been aware of violence, such as the use of his laf Kim in the detention house.

Judges Kim Gung-do

1) In the area of the OC in Busan Seo-gu, U.S., there are many U.S. population due to large commercial areas, such as sub-terminals, scopic stations, 00 hotels, 00 flus, and main points.

B. Places where amusement rooms, etc. are concentrated, ○○○mm (○○○m, e.g., ○○m), which is the marm of violent assault that gets through these amusement rooms and committed violence.

○), ○○mph (○m) and ○mph (○○m) have repeated an invasion into a military unit of a military unit, and the persons who had been injured among the existing forces have newly committed violence crimes.

and against the other party's checks and defenses, as well as in order to seize various interest coupons made up of such checks and defenses.

In the case of knife, there was an empty space in the case of knife, and there were 30 persons in the capacity of 0 ○○mm (dup Kim ○○) and 30 persons in the capacity of knife, the

Between August 2005 and September 2005, 2005, the organization of an organization with intent to commit a crime by force, and then during the period from August 2, 2005 to September 2005

○○ Kim○○, who is a second heading ○○, a vice-class executive officer at a wharf, Park ○, who is an executive officer at a behavior ledger, and other organization Kim○, Sung-○, who is an executive officer at a behavior ledger, and this is an objection.

○, ○○, ○○, Kim○, HyO, newO, ○, Kim○, Kim○, Kim○, Kim○○, and Kim○○, a crime group aimed at committing violent crimes in collusion.

A chain consisting of ○○○○○○, and regular ○○, gambling, etc. on April 10, 2008 due to an act of forming ○○○○○, a criminal organization, etc.

On July 22, 2008, 2008, 7 years of imprisonment at the Busan District Court and 23 April 23, 2009, 2009

The judgment became final and conclusive.

2) On April 10, 2008, the victim's regular ○○ was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (the organization, activity, etc.) at the Busan High Court.

On June 26, 2008, the judgment became final and conclusive.