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(영문) 수원지방법원 2018.07.05 2017재고단5
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Records and all Facts of the crime】 Defendant C was sentenced to imprisonment with prison labor for larceny at the Incheon District Court on May 11, 2005 and five months for the same year.

6. The said year after completion of the execution of the sentence on March 11, 2010; and on March 11, 2010, by the Seoul High Court, the punishment of sexual crimes and violations of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Rape, etc. of minors under the age of 13)

5. 13. A person for whom the above judgment has become final and conclusive is a member of the organization of violence, which is a violence organization that works in the Shincheon-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu.

【Criminal facts】 On June 6, 2006, around 05:00, the Defendant and B committed an act of assaulting the victim K(29 years of age) and L, which is a violent organization, with the intent to take retaliation against the victim K(29 years of age) and the victim’s use of the victim’s aboard at the above main point. The Defendant and B used the said vehicle to display a deadly weapon or other dangerous object, and the Defendant jointly destroyed the said vehicle by jointly displaying the maus, which is a deadly weapon or other dangerous object, and assaulted the victim at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the examination protocol of M as witness;

1. Statement made by prosecution against M;

1. A protocol concerning the suspect B of the police;

1. Previous convictions: Inquiries about criminal history, reporting on criminal investigation (Attachment to defendant's judgment), and application of a copy of the text of judgment;

1. Relevant Articles 261, 260(1) (a) (a point of assaulting carrying dangerous articles), 369(1), 366 (a), and 366 (a) of the Criminal Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Code to treat concurrent crimes, the defendant's reason for sentencing Article 39 (1) (the equity in the case of selling goods at the same time with the previous conviction except for larceny) is as stated in its reasoning during the period of repeated crimes.

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