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(영문) 광주지방법원 2014.01.13 2013고단4842

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Justice] On October 22, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Gwangju District Court on October 5, 2013, and completed the execution of the sentence in a wooden prison on October 5, 2013.

【Criminal Facts】

On October 9, 2013, the Defendant: (a) around 18:45, around 18:45, the Defendant: (b) had, without any reason, a victim E (the age of 52) who drinks alcoholic beverages in a restaurant while under the influence of alcohol in a restaurant; (c) had, by drinking, a beer’s disease, which is a dangerous object on the table of the victim and was on the table of the table of the principal.

As a result, the Defendant inflicted bodily injury on the victim, i.e., bodily injury on the victim, i.e., bodily injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Description of the written diagnosis of injury;

1. Application of video-related Acts and subordinate statutes to the site and damaged photographs;

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

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has been punished 17 times by violence in the last ten years, in particular, the defendant committed a crime again for a period of 40,000 days immediately after being released from the prison, even after being sentenced to a habitual assault; however, the defendant committed a crime again in the last ten-day period after being sentenced to a punishment due to habitual assault; however, the defendant's prior actions are taken into account both the circumstances of both sides, including