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(영문) 수원지방법원 성남지원 2015.07.15 2015고단938
상해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On September 13, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Seoul High Court on September 13, 2012, and completed the execution of the sentence in the North Korean Prison 1 Prison on November 2, 2014.

【Criminal Facts】

1. On May 27, 2015, from around 22:30 on the same day to 23:00 the same day, the Defendant and C were unable to avoid disturbance by drinking alcohol at the “F” drinking house for the operation of the victim E in Seongdong-gu, Seongdong-gu, Seongbuk-gu, Sungnam-gu, and taking a bath for other customers without any special reasons, putting the beer and beer at the floor, putting the beer balance and beer at the floor, putting the beer balance and beer, and fighting with each other while taking a bath.

Accordingly, the defendant conspireds with C to interfere with the victim's drinking business by force.

2. 상해 피고인은 제1항 기재 일시, 장소에서 위와 같이 소란을 일으키던 중, 피해자 C을 향해 테이블을 뒤집어 피해자로 하여금 바닥에 넘어지게 하고, 바닥에서 일어난 피해자의 얼굴을 향해 플라스틱 휴지통을 집어 던지고, 손바닥으로 피해자의 머리를 수 회 때리고, 발로 피해자의 다리를 수 회 걷어찼다.

As a result, the defendant tried to open the victim's unclaimed face of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect E or C by the police;

1. A criminal investigation report (C's investigation of injury);

1. Bodily damaged photo;

1. Previous records: Application of the provisions of this Act and subordinate statutes to inquiries, such as criminal records, and output of individual identification and confinement status;

1. Relevant Articles 257 (1), 314 (1) and 30 of the Criminal Act concerning the crime, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the sentence of this case is to be imposed on the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, that the defendant committed the crime of this case again in half years since he was released from prison in the same line of conduct.

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