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(영문) 광주지방법원 2016.03.30 2015고단2101
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 18, 2014, the Defendant was sentenced to six months of imprisonment due to injury, etc. at the Gwangju District Court, and completed the execution of the sentence on November 22, 2014.

On May 12, 2015, the Defendant: (a) around 21:00, while drinking the victim E (31 tax) and alcoholic beverages in Seo-gu Gwangju, she laid the beer knick, which is a dangerous thing on his/her customer on the ground that the victim did not do so. (b) On the other hand, the Defendant she laid the beer knick, and turned the head of the victim once.

As a result, the Defendant carried with the beer residues, which is a dangerous thing, and inflicted an injury upon the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (reficiant confirmation);

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

1. On the grounds of sentencing under Article 35 of the Criminal Act for aggravated repeated crimes, the sentence like the order shall be imposed in consideration of various circumstances, such as the following circumstances and the defendant’s age, sex, home environment, motive and means of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: The Defendant committed the instant crime repeatedly despite the majority of the charges related to violence and the suspended sentence, and committed the instant crime again in the past five months after the Defendant was released from prison due to the same criminal record.

The defendant was unable to reach an agreement with the victim, and he was not able to receive a letter from the victim.

The defendant reflects his wrong and makes efforts to reach an agreement with the victim.

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