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(영문) 대구지방법원 2012.10.23 2012고단2756
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 December 30, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) at the Daegu District Court on December 30, 2008, and completed the execution of the said punishment on April 15, 2010.

At around 06:30 on June 6, 2010, the Defendant: (a) threatened the victim with the same franchisect C; (b) caused the victim E (math, 29 years of age) who caused the franchisect in the south-gu D restaurant; (c) did not report on the vessel; and (d) caused the victim’s franchiscing out of the restaurant; and (d) caused the victim to talk with the franchiscing; and (d) caused the victim’s franchiscing; and (e) caused the victim’s franchiscing of the victim’s franchiscing; and (e) the victim interfered with the victim’s franchiscing of the victim’s franchis, franchis, franchis, etc., to prevent the victim from selling the victim’s franchiscing goods to the victim’s left franchisc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. E prosecutorial statement;

1. Investigation report (as to attachment of photographs of the body part of the victim E), investigation report (as to attachment of the C decision);

1. The application of Acts and subordinate statutes to criminal records, US records, and results of confirmation;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 257 (1) and 30 of the Criminal Act;

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

1. The Defendant’s assertion regarding discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act is determined at the time of the instant crime.

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