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(영문) 서울북부지방법원 2014.03.28 2013고단1640

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

On October 19, 2011, the Defendant was sentenced to four months of imprisonment for larceny at the Gwangju District Court, and completed the execution of the sentence at the Gwangju Prison on December 22, 2011.

around 22:10 on May 2, 2013, the Defendant 2013Hun-Ba 1640, saying, “The Defendant drinked with D’s growth of the victim C(67 years of age) following the opening of 65-36 located in Seoul Special Metropolitan City, Nowon-gu, the 2013-Mapo-Ma1640, and said, “The victim is suffering from the house and why the openr is going to the house”, the Defendant collected the flick, which is a dangerous object, and flicked the victim’s head head, and flick the victim’s head head head head above the opening of the two tension and the front head.”

On January 9, 2014, the Defendant: (a) around 18:30 on January 18, 2014, at “F” restaurant located in Nowon-gu, Seoul Special Metropolitan City, the Defendant: (b) reported that the Defendant, first of all, the Defendant, who entered the restaurant, did a dispute with the victim H (57 years old); and (c) was seated on the side of the said victim; and (d) when the victim, who was her driver, her hand, her face, her hand, was tightly cut off for about three weeks, among the right side of the wall, the victim needs to receive approximately three weeks medical treatment.

Summary of Evidence

"2013 Highest 1640"

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Photographs of the damaged part, "2014 Highest 286";

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. A medical certificate;

1. A criminal investigation report (report on the issue of a medical certificate and the doctor and telephone contents);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the expiry date of punishment, etc.), and application of statutes on the current status of investigation;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc., Article 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of personal injury, such as a deadly weapon), and Article 257 (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes (Provided, That the proviso of Article 42 of the Criminal Act shall be limited to the crimes of bodily injury, such as deadly weapons).