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(영문) 청주지방법원 2016.04.15 2015고단572
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to a suspended sentence of two years in the Seoul Central District Court on August 28, 201, due to forced indecent acts, etc., and the said judgment became final and conclusive on December 6, 2014.

On November 28, 2014, the Defendant, at around 16:20 on 16:20 on the Ministry of Land, Infrastructure and Transport, the Defendant, while drinking alcohol together with the victim E (the victim 42 years of age) in the workplace, she was frighted to the victim for the reason that the victim would go against his/her speech, and continued to face the victim due to drinking on the left side. On the other hand, the Defendant assaulted about five minutes of the face of the victim, she was frightened for about five minutes, such as the victim’s fright to walk the head and head, and sustained about five minutes of the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. A medical certificate or an injury medical certificate;

1. Six copies of the photograph of the case at D main points;

1. Previous convictions: A reply to inquiries, such as criminal history, reporting of the previous convictions of the disposition, reporting of the results thereof, and applying the text of the judgment, and the text of the judgment;

1. Article 258-2 (1) of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (determination of sentence) is as follows, and other conditions of sentencing as indicated in the records, such as the defendant’s age, occupation, sex, criminal conduct, family relationship, circumstances before and after the crime, and indecent conduct in which judgment became final and conclusive, shall be determined by comprehensively taking into account the following circumstances: (a) punishment in cases of punishment together with the crime, such as the defendant’s age, occupation, sex, family relationship; (b) sentence

The favorable circumstances - mistake is divided.

- 2 million won was deposited for the victim.

Unfavorable circumstances - The same kind of criminal records may be admitted.

- The instant crime was committed again even though the said judgment was under criminal trial due to an indecent act, etc. committed by the said judgment.

- No agreement has been made with the victim.

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