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(영문) 서울서부지방법원 2013.06.05 2012고단2538
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 25, 2010, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Seoul Western District Court (hereinafter “Seoul Western District Court”) and completed the execution of the sentence on February 19, 201.

1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해) 피고인은 2012. 11. 14. 13:50경 술에 취하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서 서울 은평구 C에 있는 ‘D’ 주점에서 동거녀인 피해자 E(여, 48세)로부터 ‘이제 그만 살고 헤어지자’는 말을 듣게 되자 격분하여 피해자의 머리를 위험한 물건인 맥주병으로 1회 때리고 피해자의 얼굴을 주먹으로 수회 때리고, 발로 걷어찼다.

Accordingly, the defendant carried dangerous articles and carried them into the victim's medical care days to check the victim's medical care days and the victim's bodily injury.

2. Around January 16, 2013, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) driving on a road on which it is impossible to identify the Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-dong 23:10 on the roads where it is impossible to identify the flow route of Yeongdeungpo-gu Seoul Metropolitan Government, to drive a 0.205% alcohol level without a driver’s license, while under the influence of alcohol by about 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Report on emergency measures, report on damage photographs, report on detection of a drinking driver, and the register of driver's licenses;

1. Investigation report (ctv video data);

1. Previous records: Criminal records, etc., inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to the status of personal identification and confinement;

1. Relevant legal aid for a crime: Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act: Driving without a license under Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1.Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes shall be applied to drinking and drinking.

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