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(영문) 서울북부지방법원 2016.12.01 2016재고단27
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The punishment against the defendant shall be prescribed by six months.

Reasons

Punishment of the crime

On April 7, 2011, the Defendant was sentenced to one year and two months of imprisonment for the violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on April 7, 201, and completed the execution of the sentence at Seongdong-gu District Court on April 30, 2012.

1. Around 05:00 on November 10, 2013, the Defendant and B, and C, around the Gangnam-gu Office in Gangnam-gu, Seoul, Gangnam-gu, and around 05:0, the Defendant: (a) the victim F (the age of 34) took a kitchen with a kitchen knife G with a kitchen, a dangerous object; (b) the victim’s arms and legs were 10 times the part of the victim’s arms and legs; (c) B was 2 to 3 times the victim’s arms and legs with a dangerous object, which is a dangerous object that the Defendant laid down on the floor of Gangnam-gu, Seoul; and (d) C was 2 to 3 times the victim.

The Defendant conspiredd with B and C to commit an act of assaulting the victim while carrying dangerous objects.

2. On March 27, 2014, at around 20:45, the Defendant: (a) took part in a 'I’ singing box located in the Gangnam-gu Seoul Northern District; (b) took part in a public disturbance at the 'I’ singing box; and (c) took part in the process of questioning K of the instant case from the police box belonging to the police box of the Gangnam-gu North Korean Police Station who was called up after being notified of 112; and (d) took part in the process of the instant case, the Defendant spited K one time at the right eye of K; and (d) spited K’s face three times.

As such, the Defendant interfered with legitimate performance of duties concerning the on-site investigation of police officers and the prevention of crimes.

Summary of Evidence

[2013 Highest 3115]

1. Statement by the defendant in court;

1. Entry in C in the first trial records, and entry in B in the second trial records;

1. First written statement about F in the police interrogation protocol (2014 highest 796);

1. Statement by the defendant in court;

1. Statement of each police statement of K and L [criminal records];

1. An inquiry report;

1. Report on the result of confirmation before and after the disposition, and the application of Acts and subordinate statutes on the status of individual reduction/Incarceration;

1. Articles 261, 260 (1), and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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