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(영문) 수원지방법원 안산지원 2015.07.23 2015고단589
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On January 22, 2014, the Defendant was sentenced to 8 months of imprisonment and 3 million won of fine due to the crime of injury, etc. in the Suwon District Court’s Ansan Branch, and completed the execution of the above imprisonment on July 7, 2014.

On February 28, 2015, the Defendant expressed the victim D(34 years of age) and the shoulder flicked with each other while walking in the direction of C at the front of C at Heunging City on February 28, 2015, and she expressed the victim’s desire to “I am dead,” and she flick (13 cm, length 9 cm, length 13 cm, length 9 cm) dangerous things in the place, and put the victim’s back the back head part of the victim’s treatment days on one occasion, and put the victim’s head flick, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Scenic photographs;

1. A victim photograph;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report attached to judgments, etc.), copies of judgment, etc., and application of Acts and subordinate statutes concerning the number and confinement status of 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 among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] The mitigated area (one year and six months to two years), the mitigated area (one year and six months), the punishment (including a serious effort to recover damage) or considerable damage (the decision of sentence] has the power of having been sentenced to imprisonment, fines, etc. more than ten times for the same crime, and the defendant again commits the crime of this case during the period of a repeated crime at the time of not more than eight months after being sentenced to the same criminal punishment, and the crime of this case is committed again during the period of a repeated crime, and the crime of this case is committed again during the period of a repeated crime after being faced with the happiness and a shoulder, and it is not appropriate in light of the fact that the defendant again turns back to the head of the subsequent crime after being faced with the vision.

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