beta
(영문) 전주지방법원 군산지원 2014.04.30 2013고단1593

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On September 8, 201, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Jeonju District Court’s military mountain support on January 6, 201, and the said judgment became final and conclusive on January 6, 2012 and completed the execution of the sentence in the military prison on February 8, 2012.

【Criminal Facts】

around 21:05 on November 19, 2013, the Defendant, “2013 Highest 1593”, the Defendant, while drinking alcohol together with D’s F (40 years of age) and D’s E-cafeteria operated by D in Gunsan-si, Sinsan-si, and used a fluorous weapon that was on the part of the victim, with the victim’s left-hand side (20cc in total length, 10cc in a knife) while drinking alcohol, the victim called “this knife”.

around 11:30 on November 17, 2013, 2013, the Defendant, “2014 Highest 172,” said that he lost the key to I, a manager, from the 2nd floor of the soup soup bath room located in G in Yasan-si, and caused I, who is aware of the fact, to open the 186 objects and the mays in the Maskys. At this point, I cut off with clothing and gratization equivalent to 2.50,00 won of the market price owned by the victim J-owned in custody.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F or K by the police;

1. Written Statement;

1. Investigation report (including photographs attached to the situation, etc. at the time of sending at the site);

1. Previous records: Criminal records and other inquiries; the current status of confinement and confinement of each individual; and the application of Acts and subordinate statutes to investigation reports;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated offenders (limited to the proviso to Article 42 of the Criminal Act for a crime committed in the judgment of a case 2013 Height1593);

1. From among concurrent crimes, the defendant was committed with the reason for sentencing the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act, and reflects his mistake. However, the defendant committed the same second offense and is dangerous during the period of repeated crimes.