(영문) 인천지방법원 부천지원 2015.12.08 2015재고단56

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(영문) 인천지방법원 부천지원 2015.12.08 2015재고단56

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On October 8, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act at the Seoul Southern District Court on the grounds of a violation of the Punishment of Violences, etc. Act, and the sentence becomes final and conclusive on October 16, 2014, and is currently under probation.

(2) On June 7, 2015, at around 22:20, the Defendant: (a) sought a sex relationship with C under the influence of alcohol from the main point of “D” operated by Seocheon-gu, Seocheon-si B, but requested C to return the drinking value already paid to C; and (b) sought a return of the drinking value; (c) subsequently, the Defendant sought a return of the said drinking value; (d) there was a dispute with C; (d) the victim E, a customer, was at least 1,00,000 won in the market value of the victim’s possession, due to the defect in reporting to the police; and (e) was galtho-tho-art 2 mobile phone of the victim’s body, which was put on the galtho-gu, Seocheon-gu; (e) the victim’s body was pushed up beyond the victim’s body, thereby harming the victim for approximately three weeks medical treatment; and (e) tried to remove the victim by taking a beer’s body.

Accordingly, the defendant damaged the property owned by the victim, injured the victim, and injured the victim by carrying dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, F, and C;

1. Photographs, such as site, and diagnostic documents;

1. Previous convictions: Application of inquiry statements, such as criminal records, investigation reports (the fact of suspended sentence and report on the fixed date thereof) and statutes;

1. Relevant Article 257(1) of the Criminal Act, the choice of punishment for the crime, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, and the choice of imprisonment for each sentence;

1. Although there are favorable circumstances such as the fact that the defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code for the aggravation of concurrent crimes reflects the defendant's mistake in depth, and that the defendant agreed with the victim, each of the instant cases during the suspension period of execution

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