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(영문) 인천지방법원 2014.03.25 2013고단5073

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 April 6, 2009, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Incheon District Court on April 6, 2009, and was sentenced to four months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective, deadly weapons, etc.) and completed the execution of the said sentence on February 9, 2011.

【Criminal Facts】

1. Around 00:40 on March 8, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), showed correspondence to the victim E and made a further request for alcohol within the 3rd room of D main points located in Dong-gu Incheon Metropolitan City, Dong-gu, and on the ground that the victim would no longer sell alcohol, he/she gets the head of the victim from a beer disease, which is a dangerous object in the table, one time, and thereby, damaged the victim’s head for a second-time medical treatment.

2. After the commission of the crime of Paragraph 1, the injured Defendant: (a) sold the face of the victim G who obstructed himself in front of the Incheon Dong-gu Incheon Metropolitan City F on a several occasions on the same day; and (b) caused damage to the victim’s character of oral surgery and oral surgery that require treatment for two weeks; and (c) caused damage to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E and G;

1. Each description of a medical certificate of injury and medical records, and an investigation report (attached report to the E Injury Medical Certificate);

1. Recording of a criminal tools, and descriptions and images of a damaged photograph;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes described in criminal records and investigation reports (pre-offenders of suspects, and confirmation reports on the date of release);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Concurrent Crimes.