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(영문) 부산지방법원 2016.03.11 2016고단128
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

(b)on several occasions, approximately two weeks of treatment for the victim, the face side was opened;

2. On December 30, 2015, around 17:45, the Defendant damaged goods used by public offices for repairing KRW 115,500,00 in total, by walking the entrance door at a cell of the police station located in Busan-gu, Busan-do, Busan-do, on the ground that the arrest of a flagrant offender was restricted due to the foregoing reasons. On December 30, 2015, the Defendant, in a cell of the police station located in Busan-gu, Busan-do, caused the reduction of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused;

1. Protocols of partial statement to C and statement to E;

1. A photograph, or a written diagnosis of injury on the part of the victim's wife;

1. A photograph and estimate of damage to public goods;

1. Previous convictions in a report on investigation (to hear statements D): The application of criminal history inquiries, personal identification and confinement status, and Acts and subordinate statutes of the report on investigation (verification of the records of the same kind of violence);

1. Relevant Article 258-2(1) of the Criminal Act - Articles 258-2(1) and 257(1) of the Criminal Act - Article 141(1) of the Criminal Act, the choice of imprisonment

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations] The grounds for sentencing under Article 38(1)2 of the Act on the Invalidity and Destruction of Public Goods [the scope of recommendations] where the value of the goods that have been invalidated or destroyed is insignificant (one month to eight months) [the person who is specially mitigated] where the value of the goods that have been invalidated or destroyed is minor? Special injury is not subject to the sentencing guidelines, and therefore only the lower limit of the recommended sentence shall

[Determination of sentence] In light of the fact that the defendant commits a crime of violence again during the period of a repeated crime of the same kind, the defendant has a variety of records of a crime of violence, and the damage of the violence of this case has not been taken measures to recover from the damage, etc., a sentence of imprisonment shall be imposed.

However, it shall take into account all the circumstances, such as the defendant's reflection, the living environment of the defendant, the degree of damage of this case, and the background of the crime.

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