beta
(영문) 서울중앙지방법원 2014.02.18 2013고단6414

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court, and completed the execution of the sentence in the Ansan Prison on August 8, 2012.

1. On October 12, 2013, the Defendant: (a) around 00:36, the victim E (the aged 54) who was aware of the victim’s face in front of the Diplomatic Association located in Seocho-gu Seoul, Seocho-gu, Seoul, was drunk and was bread away from the floor to blick the victim’s face and part of the blick, and then was blick the victim’s face and part of the blick, which is a dangerous object (the length of 23cm, the width of 17cm, the weight of 4kg) going up on the victim’s face and blick up the victim’s face, and blick up the victim’s face in the number of days of treatment.

2. On June 16, 2013, the Defendant, around 18:12, 2013, left a food room in Songpa-dong, Songpa-gu, Seoul, 600, followed the victim F (58 years of age) who was aware of the normal part of the summer-dong 600, was under the influence of alcohol, cut the left side of the victim’s wall one time with the wall of the person under the influence of alcohol, and then, the victim got back from the lock to the above wall of the defect that the victim tried to respond to it, resulting in an injury to the victim in the number of days of treatment.

Summary of Evidence

[2013 Highest 6414]

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Photographs, photographs, and photographs;

1. Each criminal defendant and his/her defense counsel asserted that the defendant did not fit when he/she was the victim E, and that the victim was injured while he/she was faced with the vehicle prevention threshold. However, according to each of the above evidence (in particular, witness G's statement), it is recognized that the defendant was faced two times on the face of the victim and caused the injury.

[2013 Highest 7364]

1. Defendant's legal statement;

1. The police statement concerning F;

1. A criminal investigation report (in addition to a hospital medical records) (the point of time before the market);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (precluding and ascertaining suspects A repeated crimes);

1. Relevant Article of facts constituting an offense: Punishment of violence, etc.;