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(영문) 전주지방법원 군산지원 2015.04.03 2012고합215 (2)

강간상해등

Text

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

Reasons

Punishment of the crime

1. On September 8, 2006, the Defendant was sentenced to four years of imprisonment due to injury, etc. at the Jeonju District Court in Gwangju High Court, and the period of parole was terminated on August 14, 2009 and February 3, 2010 during the execution of the sentence, and the period of parole was terminated. On June 16, 2011, the Defendant was sentenced to one year of imprisonment due to a violation of the Juvenile Protection Act, etc. at the Jeonju District Court’s Military Mountain Branch, and completed the execution of the sentence in the military prison on January 20, 2012.

2. 범죄사실 C은 2012. 6. 23. 04:55경 익산시 D에 있는 E 앞에서, 잠을 잘 모텔을 정한 다음 F 등 친구들이 술을 마시고 있는 곳으로 차량을 운전하여 가던 중, 피해자 G(33세)가 차량 앞에서 도로를 횡단하는 것을 보고 경적을 울렸으나 오히려 피해자가 이에 항의한다는 이유로 화가 나 피해자에게 욕설을 하며 발을 걸어 넘어뜨린 다음 발로 피해자를 수회 짓밟았고, 위 차량에 동승해 있던 피고인은 이에 합세하여 피해자에게 욕설을 하며 발로 피해자를 걷어찼다.

H, together with I, J, and K, took part in drinking the victim who was in excess of the above light warning at the Madern station and was in line with it.

As a result, the Defendant jointly with C, H, I, J, and K, followed the victim, resulting in the victim’s unaggravating injury requiring approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. He/she shall make each statement in H and C among the certified copy of the fifth trial record;

1. Statements made by witnesses G in the 11-time certified copy of the trial record;

1. The prosecutor's office and the police's statement concerning L;

1. Written request and reply;

1. Previous records of judgment: Report of investigation (Attachment to written judgments, etc. of suspects), copy of the written judgment (No. 377 of investigation records of the prosecution in the case No. 2012 Gohap312) and application of statutes;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); the Criminal Act provides for the relevant provision of criminal facts;