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(영문) 광주지방법원 해남지원 2018.09.12 2018고합22
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

Seized one metret (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[The facts charged are also stated in the facts that the defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Gwangju District Court on November 29, 2001, but this part of the previous conviction seems to have lapsed for five years. Thus, the criminal facts are excluded.

On December 1, 2009, the Defendant was sentenced to three years of imprisonment with prison labor for the crime of injury, etc. at the Gwangju District Court, and on January 15, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Suwon District Court Pyeongtaek District Court on the grounds of a violation of the Punishment of Violences, etc. (a group, deadly weapons, etc.).

[2] On July 14, 2018, at the D restaurant located in the Namnam-gun, Namnam-gun around 16:40 on July 14, 2018, the Defendant expressed the victim’s desire that he shall write down, salute, salute, salute, salute, salute, salute, and salute in the victim’s E (51: 51: 1. 1. 1. 1. 1. 16:49 on July 14, 2018, the Defendant found the victim in the southwest of G Mart located in the Namnam-gun, Namnam-gun, Namnam-gun, and 38cm in length, 21cm in length, 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. the victim’s chest from the right hand of the victim.

Accordingly, the defendant, carrying a protected object, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A protocol of seizure and a list of seizure;

1. Each photograph;

1. Previous convictions: References to inquiries, such as criminal history, written judgments, and application of Acts and subordinate statutes on personal confinement;

1. Article 3 (4) 1 of the Punishment of Violences, etc. Act concerning a crime, Articles 261 and 260 (1) of the Criminal Act;

1. Article 35 of the Criminal Act for an aggravated repeated crime [Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) that has completed the execution of punishment on May 30, 2016];

1. Confiscation Article 48 of the Criminal Act.

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