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(영문) 의정부지방법원 2015.08.27 2014고단4356
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2014No. 4356] On June 1, 2014, the Defendant assaulted the victim’s face by knenenenekne, kneneeing the back head of the victim E (ma, 58 years old) who was seated in the D’D cafeteria on the front of the D’s cafeteria located in Gyeyang-si, Namyang-si, without any justifiable reason, at around 21:50 on June 1, 2014.

[2015 Highest 2557] Around 17:30 on February 15, 2015, the Defendant listened to the victim G (the age of 57) of the same criminal offender who was taking a bath to F in the future of the "D" restaurant located in the Namyang-si, Namyang-si, with a view to "I am going to a drinking person" from the same criminal offender G (the age of 57) and suffered injury to the victim, such as a franchising and a franchising the face of the victim two to three times, which requires four weeks medical treatment.

Summary of Evidence

[2014 Highest 4356]

1. Defendant's legal statement;

1. Written statements of E;

1. Photographs of an empty disease;

1. Photographs of the scene and the victim's damaged part of the photograph;

1. Defendant's legal statement;

1. The police statement concerning G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on the F Telephone Investigation for Witnesses);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury, the selection of imprisonment with labor);

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

1. Circumstances that are advantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The absence of a criminal record of suspension of execution or heavier, and the victims and the agreement was reached smoothly: The repetition of the same criminal conduct despite the fact that he/she had been punished six times due to a violent crime ( ① Violation of the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc. of this case) on June 1, 2014 (collective assault, etc. of this case), ② Violence on August 26, 2014 (Government District Court).

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