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(영문) 인천지방법원 부천지원 2013.06.26 2013고단74

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 24, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in the Busan District Court's Branch Branch on June 24, 201, and completed the execution of the sentence in the North Korean Prison No. 2 prison on November 4, 201.

At around 21:00 on December 12, 2012, the Defendant: (a) boarded at the seat of the ICJ located in Signae-dong (hereinafter “ICJ”); (b) galgalloned on the top of a car operation operated by C (Nam, 60 years of age) and fgalloned on the ground that the Defendant did not have the victim’s seat at the location of the destination, and was balloned on the ground that he did not have the victim’s desire; (c) was falgalloned on the ground that he was in the vicinity of the Gugnae-si, Seocheon-gu, Seocheon-gu, the destination; and (d) was flad on the face of the victim by gathering the fals

In this respect, the defendant carried a dangerous object, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report (to hear a victim's telephone statement);

1. Sicker photographs used by the suspect;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records, court rulings, etc.);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the fact that the defendant reflects the wrongness) of the Criminal Act;

1. Sentencing criteria;

(a) Type: Type 6 of violent crime group and assault crime (Habitual, repeated crime, special assault);

(b) Sheet (i) mitigated factors: None of the factors to be mitigated: Sheet area of aggravated repeated crimes of the same kind: August to February;

(c) Criteria for suspension of execution: Disqualification (Crimes during the period of repeated crime);

2. The crime of this case by which the defendant committed the crime of this case, which is a dangerous object to the victim of a vehicle operation, and is not good to the nature of the crime, and is imprisonment for the same kind of crime.