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(영문) 서울동부지방법원 2015.10.01 2015고단2379
폭행등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Attachment] On October 15, 2014, the Defendant was sentenced to six months of imprisonment for an injury at the Seoul Eastern District Court, and completed the execution of the sentence on March 5, 2015.

[2015 Highest 2379]

1. Around August 14, 2015, the Defendant assaulted the victim’s face 3 times at the front of the “D” convenience store located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, that the victim E (the victim E (the age of 17) would be bad and bad.

[2015 Highest 2490]

2. Around 00:40 on August 24, 2015, the Defendant violated the Punishment of Violences, etc. Act (injury to group, deadly weapon, etc.) reported that the victim H (43 years of age) around GV in Gangdong-gu Seoul, obstructed the Defendant’s business by leaving the Defendant’s single restaurant proprietor in a restaurant, and obstructed the Defendant’s business by taking the victim’s face, taking the victim’s face at home, and cutting off the mack pipe ( approximately 100cm in length, approximately 3 cm in diameter, and approximately 10cm in diameter), which is a dangerous object in the instant GV in the front of the said GV, and caused the victim’s head, body body, and bridge by taking a bridge, resulting in an injury to the victim, such as a dive influor, the left part, and the pelke in the left part, which requires three weeks’ treatment.

Summary of Evidence

【Fact 1, 2015 Highest 2379】

1. Defendant's legal statement;

1. Statement made by the police to E (the second fact at the time of printing, the second fact at the time of order, the second fact at the time of order 2015 order

1. Defendant's legal statement;

1. The police statement of H;

1. 쇠 pipes and victim photographs;

1. A written diagnosis of injury (pre-trial record);

1. Application of Acts and subordinate statutes concerning criminal records, investigation reports (recognating during the period of repeated crimes), and copies of written judgments, and personal data saving and confinement status;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Discretionary mitigation is required under Articles 53 and 55(1)3 of the Criminal Act.

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