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(영문) 서울남부지방법원 2013.07.10 2013고단760

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On November 12, 2009, the Defendant was sentenced to one year and six months of imprisonment due to an injury, etc. at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern Southern District Court on January 15, 201.

【Criminal Facts】

around 19:00 on October 31, 201, the Defendant: (a) committed assault against the victim by gathering a dangerous object E (the age of 62) that was living together with the Defendant, on the ground that the victim E (the age of 62), who was living together with the Defendant, frighted with the Defendant, frighted the victim at one time on the part of the victim, and fright the victim’s head at one time on the part of drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Photographs;

1. Previous convictions in judgment: Application of criminal records and investigation reports (the attachment of written judgments and reports on the confirmation of the date of release from court);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the victim was living together with the defendant, taking into account the defendant's health condition, etc.) is that the defendant has been punished through several times of identical violent crimes. In particular, even though the defendant had been sentenced one year and six months on the ground that he exercised violence against the victim of this case, he did not know himself during the period of repeated crimes, and even if he had been sentenced one year and six months, he did not know of the nature of the crime of this case during the period of repeated crimes, and he committed the crime of this case in bad condition, taking into account the defendant's age, character and behavior, environment, health conditions,