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(영문) 의정부지방법원 2015.09.14 2015고단1788

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On July 9, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of interference with business at the Jung-gu District Court, and completed the execution of the sentence in the Chuncheon Prison on March 6, 2015.

[2015 Godan1788] On March 21, 2015, the Defendant: (a) around 21:30 on March 21, 2015, at D’s house located in Speaker C; (b) while drinking the victim E (55 years of age) and drinking alcohol; (c) reported that neighboring women and the victim take a bath each other; and (d) when the victim was collected from the victim, which is a dangerous object that was adjacent to the victim, and the victim was able to find the arms back to the victim’s bridge again.

As a result, the defendant carried dangerous articles and put the victim a elbow in the treatment period.

[2015 Highest 2089] On June 8, 2015, the Defendant destroyed a 100,000 glass of the victim’s door, which was living together in the front of the victim’s house, on the ground that the victim was not opening the door of the victim F, who was living together in the front of the victim’s house, from the Government-si, Ma C 104, on the ground that it was not opening the door of the victim’s house, on the ground that it was damaged by a brick (a 12 cm, length 8 cm).

Summary of Evidence

[Criminal Records] A written inquiry of criminal records, etc., investigation report (verification report on the expiration date of the period of punishment for suspects)

1. Defendant's legal statement;

1. Each police statement of E;

1. E statements;

1. Photographss of the victim's assault part, each photograph (2015 Highest 2089);

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on investigation (case concerning submission of a written estimate);

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;