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(영문) 의정부지방법원 고양지원 2015.03.13 2014고단1621
폭력행위등처벌에관한법률위반(공동폭행)등
Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 3, 2014, the Defendants jointly committed the crime committed at the E clubs located in Yongsan-gu, Yongsan-gu, Seoyang-si around 23:20 on April 3, 2014. After drinking alcohol, Defendant A had a dispute with the victim F who is an employee of the said E clubs and drinking value, and Defendant A took part in the victim F's inside and outside of the said E clubs, and Defendant B took part in the victim F's shoulder. Defendant B took part in the victim's fire extinguishing machine, which is a dangerous object, and spreaded the victim F et al. one time to the part of the victim's inside.

Accordingly, the Defendants jointly assaulted the victims as above, and Defendant B assaulted the victim F with a dangerous object.

2. At around 02:00 on April 4, 2014, Defendant A was investigated by the police at the place of the electric assault and then sought again to comply with it, and even if Defendant A was requested to return home from the victim F of the said Egy clubs employees at the place of the electric assault at the same port, Defendant A was unable to resolve the problem, such as “I would not have to resolve the problem. It was difficult for Defendant A to avoid disturbance for about one hour for 1 hour.”

Accordingly, the Defendant interfered with the duties of the above establishments by avoiding disturbance as above, allowing customers who want to enter the above clubs to resume.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and G;

1. Examination protocol of suspect A prepared by the public prosecutor;

1. A report on internal investigation:

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence, the choice of imprisonment): Defendant A: Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment): Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of violence with deadly weapons)

1. Defendants from among concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code (for Defendant B, to the extent that the sum of long-term punishments is aggregated).

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