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(영문) 서울중앙지방법원 2012.10.31 2012고단5287
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On September 15, 2012, around 02:20 on September 15, 2012, the Defendant, at the home of the victim D, who is the mother of the Defendant located in Gwanak-gu, Seoul Special Metropolitan City, demanded the victim D to pay money, but refused, thereby damaging the market price by gathering home appliances, such as television, and destroying glass.

2. 【존속폭행】 피고인은 같은 일시, 장소에서 위와 같이 가전제품 등을 파손시킨 후 밖으로 나오자 이를 지켜보던 피고인의 부친인 피해자 E(60세)를 보고 화가 나 피해자 E에게 달려가 손으로 위 피해자의 멱살을 잡고 주먹으로 피해자의 얼굴을 2회 때렸으며 발로 피해자의 배를 걷어찼다.

Accordingly, the defendant assaulted the victim who is a lineal ascendant of the defendant.

3. 【Damage to Public Goods】 On September 15, 2012, the Defendant damaged goods used by public offices by putting a computer monitor that could not know the market price on his/her book on the grounds that he/she was arrested and transferred to the office in the Seoul Gwanak-gu Seoul Special Metropolitan City Police Station criminal office located in Dobong-gu, Seoul Special Metropolitan City, and was investigated after being arrested as a flagrant offender due to the suspicion of continued assault.

4. 【Violation of the Punishment of Violence, etc. Act (Bodily Injury by Group, Deadly Weapons, etc.)】 On September 20, 2012, the Defendant: (a) 00:45, the Defendant entered the front of the Froke in Seoul Special Metropolitan City, Seoul Special Metropolitan City, with the shoulder of the victim G (the age of 44) who was seated at the front of the packing end; (b) tried to examine the address of the victim by hand; (c) 1-time head of the victim’s head with each plastic stuff, which is a dangerous article in the middle of the bar; and (d) 3-day medical treatment for the victim by putting the back head of the victim’s plastic stuff, which is used on the bottom of the floor.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecution and the police against the defendant, respectively.

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