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(영문) 부산지방법원 2013.12.17 2013고단6374
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 February 12, 2009, the Defendant was sentenced to four years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Southern District Court on February 12, 2009, and completed the execution of the sentence on August 18, 2012.

At around 02:20 on August 22, 2013, the Defendant was suffering from the victim C (the age of 46), a field leader of the apartment site, and was engaged in an unexpected appraisal of the victim. At around 02:20 on August 22, 2013, the Defendant left the victim who was under the influence of alcohol at the night house located in the Gangseo-gu Busan Metropolitan Government D Building 401, and laid down the victim's face by drinking, and laid down the victim's face, which is a dangerous object that was continuously in the room and continuously in the room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (the previous records and attachment of the judgment, and confirmation of the date of release of the suspect);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflective measures, including the fact that the victim has agreed with the victim);

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