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(영문) 서울북부지방법원 2015.09.17 2015고단1954

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 April 6, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, rape, etc. under the age of 13) at the Seoul Northern District Court on April 6, 201 and completed the execution of the sentence on August 1, 2014.

On May 13, 2015, at around 02:05, the Defendant decided to pay the drinking value at D’s drinking house located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant: (a) brought the victim E (the years of age 27) and the victim E (the victim E) under drinking while drinking alcohol; (b) brought the beer disease, which is a dangerous object on the table, on the table, and brought the victim F (the years of age 47) to the Defendant; and (c) put the victim F (the years of age 47) on one occasion on the part of the victim E, who tried to drink, on the ground that the victim E (the victim E) and E were under drinking alcohol while drinking.

As a result, the Defendant carried dangerous things and carried them to the victim E, who can not be aware of the number of days of treatment, brought about a tear to the victim F, and approximately three weeks of face requiring treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement concerning F and E;

1. Statement of the police with respect to E and F (No. 1 No. 1 of the evidence list);

1. A medical certificate;

1. Investigation report (Investigation of the counter-party to the business owner at a DNA point);

1. Previous records of judgment: Application of criminal records, inquiry reports, criminal records, copies of rulings, and current status of personal identification and confinement Acts and subordinate 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 among repeated crimes;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of applicable sentences under Acts: Imprisonment for a year and six months to thirty-three months; and

2. The range of recommendations on the sentencing criteria [the range of recommendations] habitually injury, repeated injury, special injury.