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(영문) 서울북부지방법원 2015.10.07 2015고단2916
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On January 9, 2015, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution due to an injury, etc. by the Seoul Northern District Court, and the judgment became final and conclusive on May 2, 2015.

【Criminal Facts】

1. On June 3, 2015, the Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.), around 19:00, on the ground that, at a house repair specialty store in Nowon-gu, Seoul Special Metropolitan City, the victim D (the age of 54) and “F” operated by the husband of the victim, E, the husband of the victim, the Defendant used the dangerous fire extinguisher (the length of 35 cm) for the victim to inspect the victim, etc.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant, at the time and place specified in paragraph 1, laid off the tree 70cm outside of the above house repair specialty store (70cm in length) in front of the house repair specialty store and broken off glass.

Accordingly, the defendant carried dangerous things and damaged the victim D and the victim E market price of approximately KRW 380,00.

3. The Defendant assaulted the victim E (the age of 57) who saw the Defendant at the time and place specified in Paragraph 1, and was frightened.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Written opinion, written estimate, and each photograph;

1. A report on investigation;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report (verification during the period of suspended execution of a suspect);

1. Articles 3(1) and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257(1) of the Criminal Act; Articles 369(1), 366, and 260(1) of the Criminal Act (Appointment of imprisonment with prison labor for special damage and assault)

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Legal provisions;

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