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(영문) 춘천지방법원 2012.10.25 2012고단663
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 22, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the said punishment on September 28, 201.

1. Around 17:00 on June 7, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed violence against the victim D (the age of 41) prior to the day on the ground that he/she was assaulted by the victim D (the age of 41) prior to the day, thereby causing the victim to suffer second stroke in the number of days to be treated.

2. On June 24, 2012, around 05:30 on June 24, 2012, the Defendant: (a) opened a door in a room that the victim was in the said room and opened, and intrudes into the said room, and cut off six parts of the right of KRW 00,000 won in a wall owned by the victim who was in the said room and was in the said room.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A report on investigation (to take photographs, etc. of victim's assault);

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes (Provided, That the restriction under the proviso to Article 42 of the Criminal Act shall apply to the crime of violation of the Punishment of Violences, etc. Act (a collective or deadly weapon, etc.

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act [limited to the sum of the long-term punishments of each of the crimes above] shall be1.

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