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(영문) 전주지방법원 남원지원 2015.02.10 2014고단299
폭력행위등처벌에관한법률위반(상습상해)
Text

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

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a suspended sentence of two years for one year for a violation of the Punishment of Violences, etc. Act at the Gwangju High Court on December 28, 2000; two million won for a fine of five hundred thousand won for the same crime from the Southern District Court Southern District Court on March 24, 200; two years for a suspended sentence of one year for the same crime in the same court on July 2, 2003; two million won for the same crime in the same court on May 19, 2004; two million won for a fine at the Seoul Southern District Court on January 22, 2009; three million won for a violation of the Punishment of Violences, etc. Act (joint injury) at the Southern District Court Branch on December 22, 2009; and two years for a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (joint injury) at the court on July 22, 2011; and one year for two years for a suspended sentence of one year for the same Act (one year for the same act of violence, etc.).

【Criminal Facts】

On October 12, 2014, at around 01:40, the Defendant: (a) was unlikely to smoke in an emergency room of the Namwon Hospital located in the Chungcheongnam-si, Namwon-si; (b) the Defendant was able to escape tobacco from the victim C (the age of 18); and (c) the Defendant “Woo fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C or D;

1. A medical certificate;

1. Previous records: Criminal records and criminal records of the same kind and judgment of the defendant;

1. Habituality of the judgment: The defendant does not habitually commit the crime of this case, but the habituality is recognized in light of the records, methods, frequency, etc. of each crime in the judgment.

Application of Statutes

1. The relevant Article of the Criminal Act and the act of violence, etc.;

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