beta
(영문) 서울서부지방법원 2014.09.26 2014고합107

폭력행위등처벌에관한법률위반(상습집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

【Criminal Power】 On June 23, 2011, the Defendant was sentenced to six months of imprisonment by the Seoul Northern District Court for a violation of the Punishment of Violences, etc. Act (joint injury), etc., and the said judgment became final and conclusive on January 10, 201, and revoked detention upon the expiration of the term of imprisonment on October 3, 2011, and on December 5, 2012, the same court was sentenced to a fine of two million won and a fine of five million won on June 13, 201, and completed the execution of the said imprisonment with prison labor at the Incheon Prison on November 13, 2013.

The Defendant is a person who has been sentenced to imprisonment not less than twice due to a violation of the Punishment of Violences, etc. Act (joint injury).

【Criminal Facts” around 10:10 on May 7, 2014, the Defendant: (a) while drinking and talking with scams in the second floor plan of Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul; (b) reported that D and the victim E (34 years of age) who drinking alcohol have a dispute with scambling; and (c) took the scambling of scams in a ward on the ground that “no scam is misleads against scams; and (d) displayed the scam of scams, which are dangerous objects to scambling the victim’s face, thereby causing the victim’s injury, such as the part on the left side, left face, and part on the scambling of scams, etc. necessary for the victim’s treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. A criminal investigation report (related to a victim's statement and statement of intention);

1. A medical certificate;

1. On-site photographs and damaged photographs;

1. Previous records: Application of Acts and subordinate statutes of inquiry report on criminal records, etc., report on results of confirmation of the previous records of dispositions, personal identification and confinement status, investigation report (a copy of the same type of judgment attached);

1. Article 3 (4), (1), (3) 3, and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. The proviso of Article 35 and the proviso of Article 42 of the Heavy Criminal Act;