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(영문) 춘천지방법원 속초지원 2013.05.08 2013고단127
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 29, 2010, the Defendant was sentenced to six months of imprisonment due to night, intrusion of residence, theft, etc. in the territorial branch of the Chuncheon District Court on July 29, 201 and completed the execution of the sentence on January 27, 201.

At around 17:00 on October 26, 2012, the Defendant, while drinking alcohol together with the victim E (the age of 46) at the house room located in Gangwon-gun, Gangwon-gun, was under dispute with the victim, he saw the breath of the victim's breath, and took the face by hand. After gathering one 360ml (360ml) of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the fla

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written diagnosis of injury;

1. Previous records: Application of criminal records, inquiry reports (A), investigation reports (verification of criminal records, attachment of repeated crimes, and date of release from the court), judgment, authorization for each individual and current status of confinement 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the accused commits a crime against his/her own mistake, the fact that the accused appears to be an contingent crime, and the degree of injury suffered by the victim is relatively minor);

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