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(영문) 춘천지방법원 속초지원 2017.07.05 2017고단147
폭력행위등처벌에관한법률위반(상습상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 16, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the early branch of the Chuncheon District Court (a group, deadly weapon, etc.), for one year and six months, and a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the same court on January 19, 2012; on May 21, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the same court on May 21, 2014; on January 13, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for special intimidation, etc. at the Gangnam Branch of the Chuncheon District Court on April 11, 2016, and was sentenced to 14 times of violence.

On March 20, 2017, the Defendant requested the victim E (44 tax) to provide alcohol on the D2 floor located in Yangyang-gun C around 18:00 on March 20, 2017, but the said victim refused to provide alcohol, making the victim take back twice the number of the victim's back with his/her fingers, making the victim take back two times with his/her fingers, making the face of the victim go up to three to four times with his/her fingers, and continuing to walk back the body of the victim, and caused the victim to be sprinked with his/her eye and 14 days for medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared by the police with respect to E and F;

1. A photograph of the upper part of the body;

1. Previous convictions: Inquiries about criminal history, investigation reports (verification of the date of release from prison), and inquiry about the result of confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been continuously repeated;

1. As to the facts constituting an offense, Article 2 subparag. 3 and subparag. 2 subparag. 3 of the Punishment of Violences, etc. Act; Article 257(1)3 of the Criminal Act; and Article 257(1)3 of the Criminal Act as to April 15, 2010, the result of the statutory revision of the statutory punishment for each offense due to a change in the maximum term of imprisonment with prison labor due to the revision of the Criminal Act amended by Act No. 10259, Apr. 15, 2010; the progress and purport of the amendment of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; Act No. 13718, Jan. 6, 2016).

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