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(영문) 전주지방법원 정읍지원 2013.10.22 2013고단497
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On May 22, 2012, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, threat, etc.) in the Jeonju District Court’s branch, and completed the execution of the sentence in the Jeonju prison on April 16, 2013.

At around 14:30 on June 10, 2013, the Defendant, while drinking alcohol at a D restaurant located in Jung-gu, Jung-gu, Jung-gu, Seoul, performed a dispute with the victim E (the age of 48) who was discharged from the next table, and was in a dangerous object on which he was placed on his customer, and continued to get the head of the victim's head on two occasions due to the beer's disease. The Defendant continued to get the victim's head on two occasions and continued to get the victim's head on his hand.

In this respect, the defendant carried dangerous objects and put the victim at a second level in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to the field and the body photographs of victims;

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. Article 35 of the Criminal Act among repeated crimes;

1. Sentence of punishment is inevitable in light of the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., the commission of a crime and a mistake; and (b) the commission of the instant crime; and (c) the commission of a crime during the period of repeated crimes; and (d) the commission of a crime during the period of repeated crimes.

The sentence shall be determined as ordered by taking into account all the sentencing conditions shown in the records and arguments.

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