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(영문) 서울중앙지방법원 2014.12.12 2014고단7283
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Around July 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) (around 03:40 on July 23, 2014, the Defendant placed a victim who returned to himself/herself before the house of the victim D (Inn, 41 years of age) located in Gangnam-gu Seoul and brought him/her a brut with his/her view to avoiding himself/herself on the ground that he/she would have avoided himself/herself without telephone, and she laid the head of the victim on the ground that he/she was in danger ( approximately 10 cm, about 10 cm, about 10 cm, about 5 cm, about 5 cm, about 10 cm, about 10 cm, about 10 cm, about 5 cm), and continuously led the victim to a parking lot in his/her neighborhood, and flut the victim’s head and face, and about 4 malkine, etc.

2. On June 19, 2014, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent a text message on the victim’s cell phone using the cell phone on the ground that the said victim who was killed with himself/herself on the ground that he/she had been dead at an influence and had been dead; (b) sent the victim’s cell phone text message with the content that “dipatedly damaged”, “Wedman”, and “humoman” and “humoman” on the part of the victim; and (c) sent the victim’s cell phone more than 64 times in total from June 18, 2014 to September 21, 2014 as indicated in the list of crimes in the attached Table.

Accordingly, the defendant reached the victim repeatedly through a mobile phone, which is an information and communications network, which arouses fear or apprehension.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Damage photographs, medical expenses specifications, patient jet, surgery records, diagnosis paper, and written confirmation of hospitalization;

1. Application of the Acts and subordinate statutes concerning data concerning message sent to the victim by the suspect;

1. Relevant Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act concerning criminal facts, Article 2(1) of the Criminal Act, Article 257(1) of the Criminal Act (the crime of paragraph (1) at the time of sale), the promotion of information and communications networks, and the promotion of use

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