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(영문) 서울남부지방법원 2015.11.19 2015고단3782

상해등

Text

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

Reasons

Criminal facts

[Criminal Power] On July 4, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for assault, etc. at Seoul Southern District Court on September 24, 2013, and the judgment became final and conclusive on September 24, 2013, and completed the execution of the sentence in Ansan Prison on April 16, 2014.

【Criminal Facts】

"2015 Highest 3782"

1. On June 23, 2015, around 08:50 on June 23, 2015, the Defendant, entering a living room, going through a door opened in the location of the victim D (Inn, 77 years of age) located in Guro-gu Seoul Metropolitan Government, and invaded upon the victim’s residence.

2. At the time and place set forth in paragraph 1, the injured Defendant heard the victim’s words “whether you enter the male house of the party under consideration” from the victim D, leaving the victim in two hands, pushed the victim’s face, arms, and mouth, resulting in an influence of the victim’s treatment days.

around September 21, 2015, the Defendant committed assault against the victim by taking the right knife at the F convenience store located in Gwanak-gu in Seoul Special Metropolitan City on September 21, 2015, and by taking the right knife at the right knife part of the victim G (V, 54 years old) who is the owner of the above convenience store on one occasion without any special reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. G statements;

1. Photographs of the victim;

1. A previous conviction: The defendant alleged that he was in a state of mental disorder by drinking only at the time of the instant case No. 2015Dadan3782, on the grounds that his criminal records, personal identification and confinement status, investigation report (report on the result of confirmation before disposition), and the defendant alleged that he was in a state of mental disorder. Thus, in light of the data submitted during the pleading process, there are circumstances to deem that the defendant was in a state of drinking alcohol at the time of the instant crime. However, according to the evidence duly adopted and investigated by the court, the defendant was punished on the ground that he committed violent acts against others under the influence of alcohol several times prior to this case.