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(영문) 서울남부지방법원 2016.05.18 2013고단570
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, around 03:30 on May 11, 201, at the “C” singing room located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul at around 03:30 on May 11, 201, reported that the victim D (the 50-year-old age- 50) was going to sing with other males and singing rooms without drinking himself, and she was driving away from the “F main store” located in the same Gu E operated by the victim to the singing room.

The Defendant continued to discover the victim’s face in the warehouse after singinging the victim himself/herself, found the victim’s face three times by drinking, discovered the beer’s face outside of the singing room, broken it by himself/herself, and putting the shoulderer’s disease, which is a dangerous object, and brought him/her into the said singing room, thereby getting off the part of the victim’s left head at one time.

As a result, the Defendant carried dangerous things with the victim and inflicted bodily injury on the victim, such as an open wound and bones feld vert, which require treatment for about 42 days.

Summary of Evidence

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by each prosecutor to the prosecution with regard to D;

1. A witness statement in the course of preparing the G;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to criminal tools and field photographs;

1. The reason for sentencing of Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts of this case lies in the following facts: (a) the Defendant’s attitude of committing the instant crime is very dangerous; (b) the degree of injury suffered by the victim was considerably significant; (c) the Defendant did not recover from damage; and (d) the Defendant had the history of having been punished several times for the same kind of crime of the past.

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