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(영문) 부산지방법원 2015.06.25 2015고단2950

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 February 14, 2007, the Defendant was sentenced to nine years of imprisonment for murder, etc. by the Daejeon District Court, and was released on October 28, 2014 in the Red Prison on parole on the execution of the sentence, and is currently under the parole period (pre-determined to terminate the sentence on August 19, 2015).

At around 04:30 on April 6, 2015, the Defendant: (a) sought that the victim living together with the victim D (n, 58 years of age) located in the Dong-gu Busan Metropolitan City C203 returned home at night; (b) sought that “Is the victim’s face with the Handphone, and collected the victim’s face with the Handphone; and (c) carried with the victim, “Is ice, ice, male, several male life, Embucks, Emp, Emp, Emp, Emp, Emp, and Skhyna, Isor, Isn, and Shynas.” (hereinafter “the victim’s body was known as the victim’s face at night; and (d) assaulted the victim when Is the victim’s body at night.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A photograph of the upper part of the body and a medical certificate of injury;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

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. Where the reason for sentencing [the range of recommending punishment] the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation [the reasons for sentencing [the reasons for sentencing] is the case where the defendant commits the crime of this case during the period of parole, the victim does not want the punishment of the defendant, and his/her mistake is depthd.