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(영문) 서울남부지방법원 2014.09.25 2014고단2998
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On July 21, 2010, the Defendant was sentenced to two years in Seoul Southern District Court for a violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.). On May 23, 2012, the Defendant completed the execution of the said sentence at the Sungsung Vocational Training Correctional Institution.

【Criminal Facts】

On August 11, 2014, at around 03:38, the Defendant refused the Defendant’s request that the victim E (the age 28) who fested and fested the alcohol on a back table, which was installed in front of the “D” package box located in Yeongdeungpo-gu Seoul Metropolitan Government, when drinking the alcohol on a simple table table, and went together to the victim E (the age 28). On the ground that the Defendant refused the Defendant’s request that he fluened and fluened the alcohol, the Defendant fluened the victim’s face, which is a beer of dangerous objects on the table of the victim’s table, and caused the victim’s face, the Defendant flusium on the left side, where the victim’s number of days of treatment cannot be identified, and the Defendant flusium on the back side

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous convictions in judgment: A criminal investigation report (Attachment to a written judgment, etc.), a criminal investigation report (report on the results of confirmation of the date of release), and application of Acts and subordinate statutes to each individual

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. Article 35 of the Criminal Act and the proviso of 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 [the scope of recommending punishment] There is no person [a person who has a special penalty] in the basic area (two to four years] of the type 1 of the habitual injury, repeated injury, and special injury [a person who has a special penalty] [a decision of sentence] two years of imprisonment (a decision of sentence may have the power to commit the same crime as a repeated crime of the same kind, high risk of repeating the crime, high risk of recidivism, etc. which are disadvantageous to the circumstances, such as the fact that there is a very dangerous risk of the number of the crimes, the fact that the law recognizes and reflects mistake, and the fact that there is a pleasia as the part of the part of the injury, even though the degree of the injury remains relatively heavy]

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