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(영문) 의정부지방법원 2015.10.06 2015고단1373
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On October 26, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the District Court of the Republic of Korea on May 24, 2013, and completed the execution of the sentence.

【Criminal Facts】

At around 23:20 on March 9, 2015, the Defendant: (a) and the victim E (the 55-year-old) who observed a dispute with a person who resides in the same Gosisi C at the same Gosisi C; (b) scambling the Defendant’s scambl with his hand at one time, and scambl with the Defendant’s cambl with his head and chest part of the victim’s chest (the blade is 7 cm in length and one cambl’s cam).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Bodily damaged parts of the victim and photographs of seized articles;

1. Previous records: Investigation report (verification of the date of release from court and attachment of judgment) and application of criminal records-related Acts and subordinate statutes;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act of the Confiscation [Scope of Recommendation] : (a) category I (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodily Injury, Special Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1 year and June 2) in the mitigation area (1 year and June 1 year and June 2), the Defendant committed the instant crime during the period of repeated offense; (b) the Defendant committed the instant crime during the period of repeated offense; (c) the head of the victim and the head of the chest with a multi-purpose knife, thereby causing the injury to the victim; and (d) the offense of violation of the Punishment of Violences, etc. Act (collective injury, deadly Injury, etc.) is limited to the statutory penalty; and (d) the sentence against the Defendant is bound.

However, the defendant.

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