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(영문) 광주지방법원 2014.01.16 2013고단5547
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

피고인은 2011. 9. 2. 07:00경 광주 북구 B 소재 C모텔 앞길에서, 피해자 D(18세), E, F, G(18세)이 쳐다본다는 이유로, 일행인 H, I은 피해자들에게 “야 씹할 놈들아, 뭘 쳐다봐, 이리와 봐 이 호로 새끼들아”라고 말하며 피해자들을 불러 세워 위세를 과시하여 겁을 먹게 한 후, 피고인은 “씨발 느그들이 무슨 호빠여, 느그들이 뭐라고 당당하게 쳐다봐, 느그들 건달이여 ”라고 말하고, 계속하여 I 등은 ”우리가 누군지 아냐, 콜박스파다. 어디 신양파 어린 새끼들이 쳐다보고 지랄하냐“라고 하여 자신들이 콜박스파 조직원임을 과시하였다.

I continued to instruct J to “J” the spirit of the Victim, and J, by hand, directed K next K when the victims’ scams are blicked one time in turn, and directed K to provide us with education.

K sent back to the back of the victims, after the victims were frightened with the back of the back of the back of the back, and after being frighted with the back of the back of the back of the back, the following victims were accommodated, even if they were frighted to frighted, and even if they were frighted, they were frighted with the snow of the frighte in which the fright fright in anyone, and they were frighted twice the face of the victim D while frighting to the back of the back of the back.

Accordingly, the defendant assaulted victims jointly with I, K, and J.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect examination protocol of K by the prosecution;

1. Application of Acts and subordinate statutes to police statements made to D, E, F, and G;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the crimes, Article 2 (2) and (1) of the same Act concerning the selection of punishment, and Article 260 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Crimes of violence against the reason (decision of types) for sentencing under Article 62-2 of the Criminal Act for probation;

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