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(영문) 수원지방법원 안양지원 2013.07.17 2013고단583

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for three years.

Seized trees (No. 1) shall be forfeited.

Reasons

Punishment of the crime

On August 19, 2008, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Central District Court on August 16, 2008, and the judgment became final and conclusive on October 16, 2008, and completed the execution of the sentence at the first prison of North Korea North Korea on July 20, 201.

At around 20:20 on May 27, 2013, the Defendant, without any justifiable reason, inflicted an injury on the victim C (the age of 33) who sits in front of the seat of the passenger, which is a dangerous object that was her hand in the subway station that operates the area near the Sinpo-si in the direction of Sungbuk Station, and without any reason in the subway station, and caused the injury to the victim C (the age of 33) by getting off the face of the victim C (the length of which is about 60 cm) one time, so that he can get out of the treatment days

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Investigation reports and investigation reports (in relation to shots D) and investigation reports (in relation to shots C and in relation to telephone statements of victims C);

1. Seizure records;

1. Photographss and photographs of seized articles;

1. Previous convictions: Application of criminal records and investigation reports (prior convictions and attachment of repeated crimes) and statutes;

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 and the proviso of Article 42 of the Criminal Act among repeated offenders;

1. According to the sentencing standard for sentencing on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the instant crime constitutes the basic area of category 1 (Habitual Injury, Habitual Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi) among violent crime groups and 02 habitual injury, repeated crime and special injury. The scope of recommendation revised by the applicable applicable sentences is from 3 years to 4 years. The details and results of the instant case, the victim was pregnant or nursing, the Defendant had a criminal record of the