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(영문) 서울동부지방법원 2013.10.16 2013고단1789

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 26, 2012, the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc. by the Seoul Northern District Court on July 26, 2012, and on October 13, 2012, the Defendant completed the execution of the sentence in Seongdong-gu District Court.

On June 27, 2013, around 00:10 on June 27, 2013, the Defendant boomed the victim E (the age of 15) and the victim F (the age of 15) with dangerous articles on the ground that they drinked alcoholic beverages in front of the D convenience store located in Gangdong-gu Seoul Metropolitan Government, and carried out violence by having the victim go back to the body of the victims because the victim f (the age of 15) flicked the Defendant, flick, and flicked the Defendant’s head.

계속하여 피고인은 맥주병 조각을 맞고 그 상황을 모면하기 위해 도주하는 피해자들을 약 50미터 뒤따라 가 “맥주병을 못 깰 것 같냐 ” 라고 말한 후 피해자들이 보는 앞에서 오른손으로 맥주병을 들고 자신의 오른쪽 옆머리에 맥주병을 내리쳐서 깬 후 남은 맥주 병목을 피해자들에게 다시 던지는 방법으로 폭행을 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Examination protocol of the accused by prosecution;

1. The police statement of E and F;

1. Previous convictions in judgment: Criminal records, investigation reports (former and factual records, repeated crimes), and application of statutes governing judgment;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Although there are favorable circumstances such as that discretionary mitigation did not cause serious damage to the victims of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and that the Defendant’s medical history appears to have caused this case, the Defendant was punished several times by the same kind of crime, and the sentence of punishment has been imposed three times recently.