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(영문) 제주지방법원 2016.04.21 2015고단1660

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2] On March 12, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Jeju District Court, and on October 13, 201, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in the Cheongju District Court Support on October 13, 201, and the said judgment became final and conclusive on March 28, 2012, and the parole period expired on October 26, 2013 after the parole was granted in the support for the childbirth of the Daejeon District Court.

[2] The Defendant, on September 22, 2015, performed drinking as the victim E(56 years of age) in a park where “D hotel in Seopopo City C” located in Seopopo City on September 22, 2015, while drinking alcohol as the victim E(the victim E) was in dispute, the Defendant placed the victim’s head and face part of the head, which is a dangerous object that he or she was in his or her face, on several occasions, and put the victim into the victim’s face and face part of the head.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative reports (in response to medical records for victims);

1. On-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment of previous convictions), report on investigation (verification of the date of release from the court), confirmation of the execution status of punishment to suspects;

1. Relevant Article of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes has the history of having been punished five times for the crime of violence in the past. However, even though the sentence was completely executed due to the crime of violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.), such as the criminal record stated in the judgment, and the execution of the sentence was completed, the crime of special injury in this case was committed by taking the head and face of the victim several times during the period of repeated crimes, and it is very poor that the crime of special injury was committed by taking the victim's head and face into account during the period of repeated crimes, and the degree of damage suffered by the victim is somewhat weak.