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(영문) 의정부지방법원 고양지원 2016.02.12 2015고단3687

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. was a person who associates with the victim B from August 2014 to November 2014, and has continuously contacted the victim even after the completion of the educational system with the victim.

On September 4, 2015, the Defendant told the victim B to send any message any more than the victim B at a warning place.

Upon request, the Kakao Stockholm message was sent to the victim from around September 26, 2015, stating that “the Kakao Stockholm message was sent to be “the Kakao Stockholm of the year in which the sending of the Kakao Stockholm was reported to be no longer than the beginning of the year in which the sending of the Kakao Stockholm message was made.”

2. 특수 상해 피고인은 2015. 9. 28. 14:10 경 파주시 C 아파트 앞의 피해자 D(44 세) 가 운영하는 E 편의점에서, 피해자에게 욕설을 하며 " 맞짱을 뜨자 "라고 도발을 하여 피해자가 " 니가 A 이냐

"Prison pawn et al., which is a dangerous object cited without any reason, the victim's head was taken once again, and the victim's face was taken once again, and the victim was injured by a cerebral cerebral ley that requires treatment for about 17 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs by cutting on the spot photographs and Kakaoo Stockholm course;

1. Article 74 (1) 3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc. of Information and Communications Network and Article 44-7 (1) 3 of the Act on Promotion of the Use of Information and Communications Network and Protection, etc. of Information and Communications Network, Article 258-2 (1) of the Criminal Act (a point of special injury) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is poor and the victims are severe punishment against the defendant, and the risk of recidivism exists.