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(영문) 수원지방법원 평택지원 2013.10.10 2013고정569

폭력행위등처벌에관한법률위반(야간ㆍ공동상해)

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On March 31, 2005, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at Daejeon District Court on April 8, 2005, and the judgment became final and conclusive on August 13, 2010, which was sentenced to 6 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Cheongyang District Court on August 20, 2010, and the judgment became final and conclusive on October 31, 2012, on January 25, 2013.

At around 23:10 on Nov. 10, 203, the Defendant jointly with the victim E, F, G, H, etc. at the D Sing room in Pyeongtaek-si located in Pyeongtaek-si (hereinafter “B”), and the Defendant sing the victim E, F, and G head debt by cutting off the part of the victim E, G, and the Defendant sing the victim E, and drinking the f head of the victim by cutting off the body part of the victim E, drinking, and cutting off the body part of the victim H beyond the floor for about two weeks, the two government accounts, etc. requiring approximately two-day medical treatment to the victim E, the two government accounts, etc. requiring approximately two-day medical treatment to the victim H, and the two government accounts, etc. requiring about two-day medical treatment to the victim F, and the two government accounts, etc. requiring about two-day medical treatment to the victim F, and the two government accounts, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (a statement by telephone of the victim);

1. Previous records of judgment: Criminal investigation report, confirmation of repeated crimes and final judgment), criminal records records, inquiry into data, and application of Acts and subordinate statutes of each judgment;

1. Article 2(2) and (1) of the Punishment of Violences, etc. Act (wholly amended by Act No. 7078, Jan. 20, 2004); Article 257(1) of the Criminal Act concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case under the latter part of Article 39(1) of the Criminal Act, which was exempted from punishment, could have been tried at the same time as the previous conviction in the judgment.