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(영문) 창원지방법원 통영지원 2013.11.14 2013고합84
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

【Criminal Power】 On May 26, 2006, the Defendant was sentenced to seven years of imprisonment with prison labor for the commission of injury, etc. at the Changwon District Court through the Changwon District Court, on March 17, 2013, and completed the execution of the sentence in the Busan Correctional Institution.

【Criminal Facts】

1. On May 4, 2013, at around 18:20, the Defendant violated the Punishment of Violence, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) , on the ground that the victim did not assist himself/herself when he/she wraped with other customers in the E-cafeteria operated by the victim D (Nam, 52 years of age). On the ground that he/she did not help the victim himself/herself, he/she broken down one brick of the block type, which is a dangerous object (one 20 cm long, about 15 cm high, about 15 cm), and broken two glass windows that were loaded in the glass door of the above restaurant, and broken off four glass windows that were loaded in the back glass door.

In this respect, the defendant damaged six copies of the market price of 140,000 won in aggregate.

2. 상해 피고인은 2013. 7. 29. 11:50경 통영시 F에 있는 G 운영의 H주점에서 여성 일행 2명과 술을 마시던 중, 옆 좌석에 있던 피해자 I(남, 58세)이 전화통화를 하기 위해 조용히 해 줄 것을 부탁하였으나 피고인의 일행이 술에 취해 노래를 부르는 것을 보고 “씨발년아, 조용히 하라고 했는데 노래를 부르고 지랄이고”라고 욕을 하자 이에 화가 나, 양손 주먹으로 피해자의 왼쪽 눈과 볼 부분을 3회 가량 때리고 피해자를 밀어 바닥에 넘어뜨린 뒤 오른발로 피해자의 얼굴과 몸통을 10회 가량 밟고 걷어찼다.

As a result, the Defendant brought the victim with the blood transfusions and both sides of the two weeks of treatment, which are in need of approximately two weeks of treatment.

3. The Defendant of serious injury: (a) around September 1, 2013, at the K’s house located in the J 2 level in Tong-si, Tong-si around 22:30, the Defendant provided the victim L (Nam, 47 years old) with money to purchase rice; (b) on the ground that he did not purchase rice; and (c) on the ground that she did not purchase rice, she would have the victim’s face four times as drinking.

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