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(영문) 광주지방법원 2014.12.17 2014고단4318
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On May 17, 2012, the Defendant was sentenced to two months of imprisonment and one year and eight months of imprisonment at the Gwangju District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on January 14, 2014.

【Criminal Facts】

On November 10, 2014, the Defendant: (a) around 23:30, the victim D (year 54) in Seo-gu, Seo-gu, Seo-gu, Gwangju; (b) it was difficult for the Defendant to put up and enjoy the body of the victim who was divingd to the body of the victim; and (c) he was heard from the victim that the victim would go in the room; and (d) C, the Defendant 500cc glasspedped the victim’s back water, which is a dangerous article, and 50c glassped the victim’s back water, and caused the throst and spule for two weeks to be treated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury to a victim;

1. Previous convictions in judgment: Application of inquiry reports about criminal records, etc., investigation reports, and Acts and subordinate statutes (reports on confirmation of the period of repeated crimes of suspects);

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 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 for discretionary mitigation;

1. Scope of recommendations according to the sentencing guidelines: The area to be mitigated, where punishment is to be mitigated, from one year and six months to six months; and the area of habitual injury, repeated injury, and special injury by crimes committed during the period between six months and six months;

2. Specific grounds for sentencing - Circumstances: The defendant is against the crime of this case; the victim does not want the punishment of the defendant; - the crime of this case where the victim injured the victim by using dangerous articles may be sentenced to imprisonment only due to the risk of the crime itself; and the defendant does not take measures to prevent the crime of this case during the period of repeated crime, and to treat or protect the victim immediately after the crime of this case.

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