beta
(영문) 서울동부지방법원 2017.09.20 2016고단4392

상해등

Text

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

Reasons

Punishment of the crime

[2] On February 8, 2012, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Eastern District Court, and on May 29, 2013, the suspended sentence was invalidated on March 11, 2014, and the execution of the said sentence was terminated at the Daegu District Court on March 2014. The Defendant was sentenced to four months of imprisonment with prison labor at the Seoul East Eastern District Court on October 8, 2014, and was revoked on February 6, 2015, and the judgment became final and conclusive on February 24, 2015.

around 19:30 on September 14, 2016, the Defendant: (a) drinked alcohol together with the victim D(52 older than 52) on the C Mtet in Gangdong-gu Seoul, Gangdong-gu, Seoul; (b) 2 times the face of the victim E (47 years old, South) who speaks as drinking; and (c) 20:50 on the same day, the above D found the face of the victim E in Gangdong-gu Seoul, G Public Notice Board No. 306 in Gangdong-gu, Seoul, and 20:50 on the same day 20:50.

Accordingly, the defendant injured the victim D and assaulted the victim E.

Around 10:50 on January 30, 2017, the Defendant, “2017 Highest 6777, the Defendant, at the home of the Defendant-friendly job offer I located in Gangdong-gu Seoul Metropolitan Government H, carried the Victim J(52) and drinking, and was in a dispute with the victim, was pushed the victim, placed the victim on the floor, lying the victim on the floor, and assaulted the victim on the part of drinking on the part of the driver.

Summary of Evidence

1. References to inquiries, such as criminal history, reporting on the results of investigation before and after the previous conviction, and reporting on the investigation (Confirmation of the expiration date of the term of punishment related to repeated crimes) "2016 order 4392";

1. A protocol concerning the examination of the suspect against the defendant preparing the public prosecutor;

1. Statement protocol (D, E) made by the police;

1. Investigative report (the first half of the victims), "2017 Highest 677";

1. Protocol concerning the interrogation of suspect of the police;

1. Statement protocol of the police (J, K);

1. Application of the Acts and subordinate statutes of the victim's photographic act of violence;