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(영문) 서울동부지방법원 2016.06.03 2015고단3503
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

The applicant's compensation application is all filed.

Reasons

Punishment of the crime

1. On August 18, 2015, the Defendant was working as a driver of a private teaching institute in front of the “G private teaching institute” located in the Seoul Gwangjin-gu Seoul Special Metropolitan City F, with himself/herself.

He listened to the victim D (49) who was taking school students on a bus in a way that he was mistakenly dismissed from H, while he was dismissed from H, with his body and Handphones at night, and took the above victim's body and head as his hand, and taken the above victim's body and head as his hand each item (96cm in length, 8cm in length, 8cm in length) which is a dangerous object in the vicinity of H, and added the victim's body and head to the right one day, and added the above victim's body and head to the right one day, which requires medical treatment.

2. The Defendant injured the victim E (e.g., 53 years of age) who satisfyed a dispute with D at the time, place, and at the time, place described in paragraph 1, brought about the victim’s satisfy, and brought about the victim’s satfy, with approximately 14 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Each injury diagnosis letter;

1. The investigation report (the telephone with the reference person);

1. Application of the Acts and subordinate statutes on the photograph of each item seized, the victim D's standing photograph;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of injury and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The act of taking the head side of the victim D on the end of the period of punishment imposed by the Defendant for the reason of sentencing under Article 32 subparag. 1 subparag. 3 and Article 25 subparag. 3 subparag. 3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of the Dismissal of Application for Compensation, by citing the items of considerable weight, is very bad, and the degree of injury inflicted on the victim is also serious.

Nevertheless, since the victims did not agree with the victims, the victims want to take severe punishment for the defendant.

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