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(영문) 서울동부지방법원 2015.02.06 2014고단2478
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 2, 1998, the Defendant was sentenced to a suspended sentence of one year for damage to public goods at the Seoul Eastern District Court on the following occasions: (a) on May 21, 2014, the same criminal records were more than six times; (b) on May 21, 2014, the Defendant was not detained for the crime of assault to the Seoul East Eastern District Court; and (c) on May 30, 2014, the Defendant was sentenced to a suspended sentence of one year on August 6, 2014, and the said judgment became final and conclusive on September 6, 2014.

At around 15:10 on May 20, 2014, the Defendant collected rubber nets, which are dangerous objects of the Defendant’s franchis cargo loaded in the front of the warehouse located in the Hanam-si of Gyeonggi-do, from the fact that the victim E (the age of 42) does not know the goods the Defendant requested, and walked once the victim’s chest with his chest. The Defendant franchis the face on the hand floor once, and franchis the franchis of the Defendant parked in the nearby area.

Therefore, in order for the victim to defend this, the victim diversed about 14 days of the rubber net in the vicinity of the port and caused the victim to board the driver's seat of the above divers truck and let the above cargo vehicle, which is an object in danger of harming the victim due to the start-up of the Dong, take three times of the above cargo vehicle, which is the object in danger of harming the victim, and caused the victim to inflict an injury on the victim, such as light chron for about 14 days.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A photograph of damaged parts and a written diagnosis of injury;

1. Previous for judgment: Application of criminal records, results of inquiry into criminal records, copies of indictments, investigation reports (report on confirmation of judgments on the same kind of case);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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