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(영문) 의정부지방법원 고양지원 2017.10.26 2017고단2661
특수폭행치상등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On March 18, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the Goyang branch of the Jung-gu District Court on March 18, 2016, and completed the execution of the sentence in the Jung-gu prison on August 20, 2016.

[Criminal facts]

1. On September 3, 2017, the Defendant of intimidation: (a) on the fifth floor D’s corridor of the fifth floor of the 5th floor of the Seoyang-gu Seoul Special Metropolitan City, Seoyang-gu, Seoyang-gu; (b) on September 3, 2017, the victim E (47 years of age) who makes a claim against the Defendant, raising the speech under the influence of alcohol and paying the Si expenses to other visitors.

D. The second step d. The second step d. The second step d. The second step h. The second step h. the second step h., the second step h. h. h. h. h. h. h. h. h.), thereby threatening the victim.

2. The Defendant who was injured by a special assault is spiting the victim’s chest part of the victim’s chest at the same time and place as above 1. paragraph 1., and spits the victim’s face on the victim’s face.

In this regard, spitation is called "spitation," a total length of 32 cm (20 cm in length on the knives) and a total of 30 cm (17 cm in length on the knives) with 30 cm (17 cm in length on the knives) in a place where the knives can be collected below the knives of public domains, and the knishs the victim over the floor by putting the victim's face.

As a result, the defendant assaulted the victim while carrying a knife, which is a dangerous object, and suffered approximately a week treatment to the right side of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of E and G;

1. Photographss of seized articles and photographs of damaged parts;

1. A medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

1. Relevant provisions of the Criminal Act and Articles 262, 261, 260(1), 257(1) (a) and 283(1) (a) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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