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(영문) 창원지방법원 진주지원 2016.02.16 2015고단1267
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 January 20, 2012, the Defendant was sentenced to one year of imprisonment for habitual fraud at the Busan District Court on September 21, 2012 and completed the execution of the sentence in Busan District Court on September 21, 2012.

On December 27, 2014, at around 01:35, the Defendant, at the E main point operated by Sacheon-si C with the victim D (n, 48 years of age) who was drinking together with the victim, was aware that he was disregarding the victim due to the credit rating problem, and the victim was able to hear the horses, and the victim was able to disregard him, and the head of the victim was cut one time due to the frequent two mains, which are dangerous objects on the customer, and the victim was able to escape continuously at least three times due to the victim's escape, and the victim was injured by two open mains, which require treatment for about 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F or D;

1. Investigation report (Attachment of a medical certificate of injury);

1. Deficial photo of an injury;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment, such as the previous one and a copy of the written judgment), application of the Acts and subordinate statutes on personal identification

1. Article 1(2), Article 258-2(1), and Article 257(1) (a) of the Criminal Act for facts constituting an offense;

1. In light of the fact that the Defendant committed the instant crime even though he had the record of punishment more than 10 times only for violent crimes, the Defendant committed the instant crime, the form of the instant crime not only is very dangerous, but also was committed during the period of repeated crimes, the damage was recovered, or did not reach an agreement with the victim, and the Defendant was locked after the crime, it is inevitable to punish the Defendant significantly.

In lieu of the defendant's mistake, it is against the defendant's wrong, the fact that the defendant appears to be a somewhat contingent crime under the influence of alcohol, and other cases such as age, sex, family relationship, circumstances after the crime.

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