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(영문) 전주지방법원 2014.02.20 2009고단1017 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 16, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for obstruction of performance of official duties, etc. at the Jeonju District Court on January 4, 2009 and completed the execution of the sentence.

At around 01:00 on July 10, 200, the Defendant, while drunkly drinking alcohol with the victim E(38 years of age) and two other persons, was under dispute with each other on the ground that the victim had been late, around July 10, 2009, when he was under the influence of alcohol and lacks the ability to discern things or make decisions, the Defendant her head was her head.

As a result, the defendant carried dangerous things with a victim about five weeks of medical treatment, and put up two types of open frameworks and internal frameworks to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. A written diagnosis of injury;

1. Previous records: Application of criminal records and other inquiry reports, and Acts and subordinate statutes confirming the expiration of the term of punishment;

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. Article 35 of the Criminal Act among repeated offenders, and the proviso to Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. It is so decided as per Disposition on the grounds of above Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a favorable circumstances such as the confession of and reflect against the crime by the defendant, the smooth agreement with the victim, and the absence in the trial for a considerable period of time, although there was no record of punishment since 2009).