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(영문) 부산지방법원 2015.01.14 2014고단7103

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 24, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Changwon District Court. On February 28, 2014, the parole period was expired on May 24, 2014 while the sentence was executed by the Changwon Prison.

1. On August 10, 2014, around 00:30, the Defendant: (a) discovered text messages from the house No. 503 of the building E in Busan Metropolitan City; (b) discovered the victim F, who is a female living together (the age of 21) with the former male-gu, sent a text message with the former male-gu; (c) turnnified the part of the victim’s face with the finger floor and drinking, and (d) strokeed the victim with the two hand, and suffered injury, such as the inner gate, etc., for about six weeks of medical treatment.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) committed an assault against the victim at the above time and place, and at the same time, threatened the victim with a knife, which is a deadly weapon in the kitchen, with a knife (not less than 30cm in the knife length), and threatened the victim as if he were with a knife, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The first police statement concerning F;

1. A medical certificate for injury and a medical opinion for each medical treatment;

1. Investigative report (Taking photographs of the body of the victim), injury of the victim;

1. Previous records before ruling: Application of criminal records, investigation reports (report on the fact that a suspect is serving a repeated term) and other Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the point of violation of the Punishment of Violences, etc. Act) concerning the crime;

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

1. Grounds for sentencing of the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and the proviso of Article 42 of the Criminal Act among concurrent crimes;

1. The basic area (from April to one year and six months) of the first type of injury (the scope of recommendations) in general shall not be included in the sentencing criteria.