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(영문) 서울중앙지방법원 2013.06.14 2013고단1659
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On May 26, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the Seoul Central District Court on May 26, 201, and completed the execution of the sentence at the Sung vocational training prison on July 22, 2012.

【Criminal Facts】

1. Around 22:00 to 24:00 on March 22, 2013, the Defendant: (a) threatened the victim D (the age of 46) with the second floor located in Jongno-gu Seoul Jongno-gu Seoul, with the victim’s residence on the ground that the victim was sleeped at a location close to the Defendant’s residence; (b) threatening the victim to the effect that the victim could die only once on the ground that the victim was slick; and (c) assaulted with the part of the victim’s back and the part issued, which is a dangerous object, when the victim could have been slicked.

2. Around 23:00 on March 28, 2013, the Defendant: (a) considered that the said victim D has stolen his/her wall; (b) sought the victim’s residence; and (c) stated that “the victim has inflicted money by stealing”; (d) the victim had already been in possession of the victim on the ground that the victim was asked “Isson’s sound,” but the part of the victim’s excessive-use knife (20cm in length, 10cm in length) was replaced by the part of the victim’s title; and (c) the part of the victim’s left knife.

As a result, the victim suffered injuries with which the number of treatment days cannot be known, such as tearing the left part of the tree and bucking part, and tearing the left part.

The Defendant inflicted an injury on the victim in excessive knife, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Statement made to D by the police;

1. E statements;

1. Police investigation report (the counter investigation of shote E);

1. Photographs of the victim;

1. Previous records of judgment: Application of inquiry report including criminal records, and Acts and subordinate statutes to the prosecution investigation report;

1. Articles 3(1) and 2(1) of the Punishment of Violences, etc. Act concerning a crime;

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