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(영문) 서울중앙지방법원 2007.08.17 2007고단1453
폭력행위등처벌에관한법률위반(집단.흉기등상해) 등
Text

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

One hundred and fifty-two days of detention prior to the rendering of this judgment shall be included in the above sentence.

Reasons

Punishment of the crime

On December 30, 2005, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (at night) at the Seoul Central District Court on April 8, 2006, and completed the execution of the above sentence on April 19, 2006, in collaboration with B and C, on February 19, 2007, G of the victim E (28 years old), F (28 years old), and the Defendant’s walk at the front of the Gangnam-gu Seoul Metropolitan City D, and the Defendant’s walk at the time. The above B d's face was 4,5 times of drinking, 1,2 times of 1, 2,206, and 3,2 of 1,206, 3 of 1,207, 3 of 1,207, the Defendant and the Defendant, who was under contact with the vehicle head of the vehicle of the above B, sold the e-mail and 4 of 1,2007.

Summary of Evidence

1. Statement of the defendant in the third protocol of trial;

1. Each prosecutor's interrogation protocol concerning B;

1. Statement of police statement made to F and H;

1. A victim E photograph and investigation report (related to seized articles);

1. A written diagnosis of injury to the F;

1. Previous convictions: The investigation records and the application of Acts and subordinate statutes to investigation reports (verification of the date of release of a suspect);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (a crime against E);

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act (an aggravated punishment for concurrent crimes concerning injury to victim F with heavier punishment) shall be applied;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 57 of the Criminal Act including days of pre-trial detention.

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