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(영문) 의정부지방법원 2015.01.19 2014고단4018
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 3, 2011, the Defendant was sentenced to three years of imprisonment with prison labor for the commission of assault at the District Court for the commission of death, and on November 29, 2013, paroled on January 19, 2013, “1. 14” appears to be a clerical error, and thus, the Defendant ex officio corrected the parole period to “1. 19.”

On October 4, 2014, around 20:10, the Defendant discovered that the victim E (the 56-year-old age) was drinking together with drinking, and found that he was under the influence of alcohol to the victim’s day by drinking while drinking, and that “the victim was under the influence of alcohol,” and that “the victim was “I am under the influence of alcohol, I am under the influence of alcohol, I am under the influence of drinking, I am under the influence of drinking, I am under the influence of drinking, I am under the influence of drinking, and then I am under the influence of drinking, I am under the influence of drinking, and then I am under the influence of the above victim’s right trees at one time, and the small-scale ward who was under the am under the amra ambed by the ambris on the floor, and threaten the victim to die with the knish view as knishing with the victim.

In this respect, the defendant carried a shoulder-sicker Sicker Sicker, which is a dangerous object, and assaults the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Field photographs, etc.;

1. Previous records of judgment: Criminal records, inquiry reports by individuals, current status of personal identification, application of Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 260 (1) of the Criminal Act;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the range of recommending punishment] The aggravated area (4 to 1 year) of category 1 of the Criminal Act (a person who is specially mitigated) (a person who is subject to special mitigation) and/or carried with him a deadly weapon or other dangerous articles, for six months of imprisonment, the defendant committed the assault against the victim while carrying a deadly weapon during the repeated crime period of the same kind of crime. The defendant was punished several times for a repeated crime of the same kind, under the unfavorable circumstances that the defendant committed the assault against the victim at the time of the crime, and the victim was committed against the defendant.

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