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(영문) 의정부지방법원 2015.12.08 2015고단3419

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendants shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On March 29, 2013, the Defendants were sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Jung-gu District Court on March 29, 2013. Defendant A completed the execution of the sentence in the So-called Prison on August 13, 2014, and Defendant B completed the execution of the sentence in the Seoul Southern Prison on August 14, 2014.

【Criminal Facts】

1. On July 16, 2015, the Defendant: (a) around 18:35, at the central children’s park located in the 17th city, the central children’s park located in Jung-ro, 552, in which the Victim B (57 years of age) and alcohol were viewed as a dangerous issue of waste collection; and (b) when the head of the victim was taken, the Defendant was the victim’s head, and the victim’s head was the victim’s two parts of the number of days of treatment.

2. Defendant B, at the above temporary location, had the victim’s head at one time, which is a dangerous object that was in possession of the victim A(the age of 48) against the above crime, and had the victim’s head at one time, and had two parts of the number of days for treatment.

From September 16, 2015, the Defendants: (a) around 21:30 on September 21, 2015, at the F cafeteria managed by the victim E located in Gu-si, Gu-si; (b) Defendant A reported the network to the above removal site; and (c) Defendant B entered the above removal site, thereby having the iron bars equivalent to KRW 100,000,000 in the market price of the victim’s possession.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

"2015 Highest 3419"

1. Defendants’ respective legal statements

1. Police seizure records;

1. Before judgment: Criminal records and investigation reports (Attachment of criminal records, investigation reports related to repeated crimes by the accused, judgment related thereto, fixed date and data verifying the date of release from the military court) "2015 Highest 3675";

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Notification of a department related to reporting 112 cases;

1. Address photographs of the case;

1. Application of the Acts and subordinate statutes to photographs of CCTV video data for committing crimes;

1. Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257 of the Criminal Act.