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(영문) 대전지방법원 천안지원 2015.11.19 2015고단968

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 2, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for an injury in the Daejeon District Court Branch of the Daejeon District Court on May 2, 2013, and on August 28, 2013, the Defendant completed the execution of the sentence.

At around 22:00 on January 7, 2015, the Defendant: (a) 310 of "D in Asan City C" and (b) 310 of "Asan City E (40 years of age) and drinking to the victim E (40 years of age) who is a part of society, were under influence of alcohol; (b) fluent disease, which is a dangerous object on the floor, fluences the victim’s head at one time; and (c) fluences the victim’s face and fluence on the floor, and fluences the victim in need of four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Statement of the police statement of E;

1. On-site photographs;

1. Report on the occurrence of the case;

1. A report on investigation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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 reason for sentencing under the proviso of Article 35 and Article 42 of the Criminal Act among repeated criminal offenders [the scope of recommending punishment] The mitigated area (i.e., habitual injury, repeated injury, repeated crime, and special injury) (i., one year and six months) (i.e., one year and six months to two years) (i., one year and six months), in the mitigated area (i., one year and six months), in the case where punishment is not imposed (including efforts to recover damage), or in the case where considerable damage has been restored (i.e., a decision of sentence] regardless of the records of the same crime several times (i., a decision of sentence), but the case is committed in the instant case after the conclusion of the pleadings, but the case is divided after the conclusion of the pleadings