폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence 1 shall be forfeited from the accused.
Punishment of the crime
[Criminal Power] On December 1, 2009, the Defendant was sentenced to three years of imprisonment by the Gwangju District Court for murdering and attempted murdering, etc., and on August 13, 2012, the Defendant had the same criminal records of 13 times, including the completion of the execution of the sentence in the Heung prison.
【Criminal Facts】
From January 2014, the Defendant had been living together with the victim C (V, 51 years of age, 1 year of age, 51) and Pyeongtaek-si D at the same time.
1. 피고인은 2014. 11. 28. 11:40경 위 장소에서 그곳에 남자 손님들이 기도하러 왔다는 이유로 화가 나 “다 죽인다”라고 말하고 위험한 물건인 공업용 커터칼(칼날 길이 약 20cm )을 피해자를 향하여 휘두르면서 피해자의 몸통 부위를 3회, 얼굴을 1회 발로 찼다.
Accordingly, the defendant carried dangerous objects and assaulted the victim.
2. 피고인은 2014. 11. 29. 09:50경 평택시 E에 있는 F약국 앞길에서 피해자가 다른 남자를 만난다고 오해하여 화가 나 위험한 물건인 낫(날 길이 약 18.5cm )을 피해자를 향하여 휘두르면서 피해자의 왼쪽 얼굴 부위를 발로 2회 찼다.
Accordingly, the defendant carried dangerous objects and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the prosecutorial statement concerning G;
1. Statement of the police statement regarding C;
1. A H statement;
1. Seizure record and list;
1. Field photographs, etc.;
1. Previous records of judgment: Criminal records, investigation reports (limited to the same criminal records), three copies of judgment, and application of three copies of summary order under Acts and subordinate statutes;
1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 2 (1) 1 of the Punishment of Violences, etc. Act and 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant has reached 13 times the criminal records related to violence, and is during the period of repeated crime, such as the criminal records in its holding.