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(영문) 의정부지방법원 2013.12.19 2013고단3322
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 25, 2010, the Defendant was sentenced to eight months of imprisonment due to fraud, injury, etc. at the Seoul Central District Court, and completed the execution of the sentence on October 22, 2010.

On September 16, 2013, the Defendant: (a) around 23:45, Namyang-si, C, and had talk with the victim E, who had been aware of business, and had talked with the victim E; (b) had been faced with the victim E, which is a dangerous object on the table of the Gab B, and continued to have the head E, and had approximately three weeks of treatment by making it possible for the head to take part in the part of the head, and caused the injury to the victim F (36 years of age) by getting off the part of the victim F, which is a dangerous object of the loss of the victim F (36 years of age), by getting off the part of the head for about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. Each police statement of E and F;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of injury by carrying each deadly weapon);

1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes (as such, each of the above crimes has been committed before the market)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., favorable circumstances for sentencing): Circumstances unfavorable to the defendant, including the fact that the defendant misleads him/her by recognizing his/her mistake: The crime in this case is a crime committed during the period of repeated crime; the degree of damage suffered by the victims; and the damage recovery has not been performed.

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