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(영문) 수원지방법원 성남지원 2015.09.23 2015고단1341
폭행등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

"2015 Highest 1341"

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each written statement of D and E "2015 Highest 1577";

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Each statement of I, J and K;

1. Each injury diagnosis letter;

1. A photograph of the upper part of the body;

1. A previous conviction in judgment: A inquiry report and an investigation report (a report on the results of confirmation before the disposition);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Selection of each imprisonment with prison labor for the remaining crimes, other than those violating Articles 260 (1) and 311 of the Criminal Act concerning the relevant criminal facts, Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Articles 319 (1) and 314 (1) of the Criminal Act, and Article 314 (1) of the Punishment of Violences, etc. Act as stated in the judgment;

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

1. The defendant's assertion of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders alleged that the crime of this case was committed in a state of mental disorder. However, it may be recognized that the defendant at the time was in a state of being under the influence of alcohol, but it is insufficient to recognize that the defendant failed to have the ability to discern things or make decisions, and there is no other evidence to acknowledge it, the above argument of the defendant is rejected.

Although the defendant has led to the reason of sentencing, it does not seem that it seriously reflects the fact that it does not reach an agreement with the victim, habitually assaults the victim with delay 1, and inflicted an injury, 17 times criminal punishment due to the same act of crime, and 12 times criminal punishment due to the same act of crime, all the arguments of this case are shown in the arguments of this case.

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