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(영문) 전주지방법원 군산지원 2015.08.28 2015고단244
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal power] On November 5, 2010, the Defendant was sentenced to one year and six months of imprisonment for the crime of causing bodily injury to the present building and fire in the same court, and the execution of the sentence was completed on May 4, 2012 at the horizontal Housing Site in the Suwon House.

【Criminal Facts】

The Defendant, at around December 21, 2014, under the lack of the ability to discern things or make decisions due to alcohol dependence, was assaulted by the victim E(38 years of age) while drinking alcohol with the victim at the Dju shop located in Yasan-si C on December 23:10, 2014. On the other hand, the Defendant collected glass cup, which is a dangerous object on the table, and continued to be on the table of the victim, and took one time a part of the face of the victim’s face with another glass cup, which is a dangerous object on the table of the table.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E in the police interrogation protocol concerning E;

1. Statement of the police statement concerning F;

1. Photographs;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report (same type criminal records, etc.);

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act concerning criminal facts

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] When the victim has considerable responsibility for the occurrence of a crime or the expansion of damage even in the area of special mitigation (two to one year and two months), the case where the victim is subject to criminal punishment for the same kind of crime (including advanced efforts to recover damage) or the case where considerable damage has been restored [the decision of sentence] the defendant is subject to criminal punishment for the same kind of crime.

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