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(영문) 수원지방법원 평택지원 2015.09.23 2015고단359
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On April 24, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for an injury, etc. in the Suwon District Court’s Pyeongtaek Housing Site, and the execution of the sentence was completed on July 7, 2014.

『2015고단359』 피고인은 2015. 2. 24. 23:30경 평택시 평택로51에 있는 평택역 광장 앞 벤치에서 술을 마시던 중 피해자 C(23세)이 지나가면서 피고인을 쳐다보았다는 이유로 피해자 C에게 “씨발새끼야! 뭘 쳐다봐!”라고 욕설을 하며 그곳에 있던 위험한 물건인 소주병을 집어 던져 피해자 C의 엉덩이 부위에 맞게 하고, 소주병이 바닥에 떨어져 깨지면서 그 파편이 위 C의 일행인 피해자 D(여, 25세)의 발목에 맞게 하였다.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

around 22:45 on July 10, 2015, the Defendant, “2015 Godan 1167,” went through the victim’s horse care in the house of the Defendant located in Pyeongtaek-si E, and while drinking the victim F(44 years of age) and alcohol, the Defendant was faced with the wall of the victim, which is a dangerous object in the side, and was faced with the head of the victim.

As a result, the Defendant carried dangerous things and inflicted an injury upon the victim, such as an open back wound on the left side where the number of days of treatment cannot be known.

Summary of Evidence

[2015 Highest 359]

1. Defendant's legal statement;

1. A written statement of C and D;

1. On-site photographs (2015 Height 1167);

1. Defendant's legal statement;

1. A written statement;

1. A certificate of fact of medical treatment;

1. 112 Report treatment marks, and damaged photographs (prior record on the market);

1. A reference report on criminal records, etc.;

1. Application of Acts and subordinate statutes to the investigation report (Confirmation of Period of repeated crime);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. under the relevant Act on the Punishment of Criminal Crimes, Article 260 (1) of the Criminal Act (the occupation of a deadly weapon) Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Aggravation for repeated crimes;

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