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(영문) 광주지방법원 목포지원 2015.08.28 2015고단874

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 10, 2013, the Defendant was sentenced to eight months of imprisonment for the crime of damage to public goods in the Seogsan Branch of the Daejeon District Court on May 10, 201, and the Defendant completed the execution of the sentence in the astronomical Prison on November 29, 2013.

Around 18:00 on October 12, 2014, the Defendant: (a) at a D restaurant located in Sinpo City C; (b) while the Defendant and the crew of E working in the deck, the victim F (26 years of age) of E, the secretary of E, referred to the Defendant as “Is the Defendant to “Is the other, who would be able to drink, and would be able to drink,” and “Is the rest on the part of the victim’s head.” (c) the Defendant was fright back to the victim’s head, while the Defendant f (26 years of age) was working in the deck; and (d) the Defendant frighted the victim by going away from the above D restaurant, which is a dangerous object, and frighted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A photograph of the damaged part, on-site photograph, and household photograph;

1. Previous convictions: Criminal records, results of search of prisoners, and application of Acts and subordinate statutes to report criminal investigations (precluding repeated crimes of suspects and attachment of judgment);

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act concerning criminal facts

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Determination of types of crime: Type 6 of assault crime;

2. Determination of the scope of sentence: Reduction area, six months (revision according to the lowest limit of punishment by law), one year and two months (where the degree of violence is minor);

3. On May 10, 2013, the Defendant, who was sentenced to eight months of imprisonment due to damage to public goods at the Seosan Branch of the Daejeon District Court, committed the instant crime, even though he/she was during the repeated crime period, and committed a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.).