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(영문) 춘천지방법원 강릉지원 2013.05.02 2012고단911

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On October 29, 2002, the Defendant sentenced 10 years to imprisonment for murder at Seoul High Court (Seoul High Court) and completed the execution of the sentence on June 30, 2012.

On October 11, 2012, the Defendant: (a) around 03:50 on October 11, 2012, on the ground that the victim E (here, 47 years of age) working from the D week located in the East Sea C as an employee is bad, and (b) the victim’s face, which is a dangerous object in the tables, has been flicked one time by using the beer’s head as his hand, and the victim’s face has been flicked with the head of the shoulder.

As a result, the defendant carried dangerous objects and carried about about 20 days of medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the police statement of E;

1. A medical certificate;

1. Previous convictions in the judgment: The defendant alleged that his criminal records and investigation reports (the attachment report, etc. of the judgment) on the defendant's assertion was followed by a beer disease in a timely manner by reporting the victim's criminal records and investigation reports (the attachment report of the judgment, etc.) and that the defendant's face was not affected by his/her intention due to his/her rashal head. However, in light of the above evidence and the victim's injury's part and degree (the part of the judgment, etc., 18 U.S. and 18 U.S.), the charges can be fully recognized.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., e., e., e., e., e., the crime of provoking) [the scope of recommending punishment] is determined as per Disposition on the grounds of imprisonment of not less than two years and six months, with prison labor for not less than one year and six months.