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(영문) 광주지방법원 순천지원 2017.01.12 2015고단2558
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 20, 2011, the Defendant was sentenced to three years of imprisonment by the Incheon District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (such as intrusion upon residence), and completed the execution of the sentence on March 1, 2014.

On April 18, 2015, the Defendant: (a) 03:20 around 03:20, and (b) 206 / 1506 / 206 / 1506, performed a dispute with the victim D (the age of 24) and performed drinking, and (c) was fluencing the victim’s face by her hand over the floor by putting him/her into the floor by putting him/her head, she was flucing the victim’s face, she was flucing the victim’s neck by her hand, and her head was flucing the victim’s head on one occasion with a dangerous object that the victim was trying to her seat and her head was in need of approximately two weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. A written diagnosis of injury;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes as a result of screening prisoners;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant committed the instant crime during the same repeated crime period is disadvantageous to the defendant.

On the other hand, the defendant has taken into account the circumstances and contents leading to the crime of this case, such as fit head from the injured person to the principal of the disease, and the fact that the defendant repents his mistake is favorable to the defendant.

In addition, the sentence shall be determined as ordered by considering the age, environment, etc. of the defendant.

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