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(영문) 서울서부지방법원 2018.12.20 2018고단3881
폭력행위등처벌에관한법률위반(공동폭행)등
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On December 7, 2016, the Defendant was sentenced to imprisonment with prison labor for a year and eight months in the Daejeon District Court due to intrusion on a structure at night, larceny, etc., and completed the execution of the sentence on June 3, 2018.

[Criminal facts]

1. On June 28, 2018, the Defendant of Violation of the Punishment of Violences, etc. Act (joint assault) and AK, and AL mean that they drink at the center of Daejeon-dong, Daejeon-dong, Daejeon-gu, and around 218, a victim AM (60 years of age) while drinking alcohol in the vicinity of the smoking area of the plaza, and the Defendant and AK, AK, and AK are franced with the victim; the Defendant franced the victim; the Defendant franced the victim; the Defendant franced the side glass and the chest part of the victim; the Defendant franced the victim’s hair and the chest part of the breast; the head of the victim was franced with the victim’s hair and the head of AL continued to franc the victim’s head and part of the drinking.

Accordingly, the defendant assaulted the victim jointly with AK and AL.

2. Athief: (a) around July 10, 2018, at the center of Daejeon-dong, Daejeon-gu, Daejeon-do, 218, the Defendant: (b) took advantage of the gap in the crepane of the victim’s name “N” and the crepane of the victim, and (c) one copy of AP PP card in the name of AO and AP Q Q Q card (National Lo), and one copy of AP CP CP card in the name of AR, which were located in the paper bank.

3. On July 10, 2018, the Defendant attempted to commit fraud at a AU convenience store operated by the victim ATS in Daejeon-gu Daejeon-gu, Daejeon-gu, and delivered tobacco purchase to the victim who attempted to make payment with a credit card, etc., as described in paragraph (2), with the third credit card, etc., as indicated in paragraph (2), but was confirmed by the lost credit card, which was reported as having been lost, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to AM, AK, and AL;

1. Statement made by the police against AO;

1. A protocol of seizure and a list of seizure;

1. An investigation report (a warrant of search and seizure verification reply) and an investigation report (AR statement hearing by the counter party);

1. Damage (credit cards) photographs, CCTV images of convenience stores, AP card, .

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