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(영문) 서울중앙지방법원 2017.01.19 2016고단4993 (1)

폭력행위등처벌에관한법률위반(공동상해)등

Text

A defendant shall be punished by imprisonment for six months.

50,000 won shall be additionally collected from the defendant.

The provisional payment equivalent to the above additional collection amount shall be made.

Reasons

Punishment of the crime

On December 18, 2014, the Defendant was sentenced to six months of imprisonment for a violation of the Narcotics Control Act at the Seoul Eastern District Court on December 18, 201, and was released by revocation of detention on December 30 of the same year, and completed the execution of the said sentence.

[2016 Highest 4993]

1. Around October 17, 2015, the Defendant violated the Punishment of Violences, etc. Act: (a) around 06:25, at “C club” located in Gangnam-gu Seoul, Seoul on October 17, 2015; (b) on the ground that the Defendant told the Defendant that the Defendant would make a horse to female-friendly E of the victim D (24 years old); and (c) on the ground that the Defendant said the Defendant was fluencing that he would leave the club, the injured party was booming out of the club; (d) the injured party was booming out of the club; (e) the victim’s head was cut out of G and the Defendant; and (e) the Defendant continued to leave the victim’s head after being on board the victim’s fluencing the victim’s b and faced with the victim’s head by leaving the victim’s head at around 4 weeks, and caused the victim’s injury, such as closing the victim’s sex and balking the victim.

Accordingly, the Defendant inflicted injury on the victim jointly with F and G.

[2016 Highest 8361]

2. Even if the Defendant is not a narcotics handler, on April 2016, in F’s car parked near the “C clubs” located in Gangnam-gu Seoul, Seoul, the Defendant collected and inhaled marijuana in a quantity not known in F along with F, and made it possible for the Defendant to capture and inhale it.

Accordingly, the Defendant, in collusion with F, smoked marijuana.

Summary of Evidence

[2016 Highest 4993: Facts of Decision 1]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written diagnosis [2016 high group 8361: Facts set forth in Decision 2]

1. Statement by the defendant in court;

1. A protocol concerning examination of the suspect of F (1, twice) by the prosecution;

1. A statement on narcotics appraisal;

1. A report on investigation (calculated additional collection charges) (before judgment);

1. The defendant's legal statement, inquiry report, judgment, and acceptance status of each individual shall be applied to the law.