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(영문) 춘천지방법원 강릉지원 2015.09.02 2014고단927
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

[Criminal Power] On June 9, 201, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) in the Gangnam Branch of the Chuncheon District Court on the ground of the violation of the Punishment of Violences, etc. Act, and on May 16, 2012, the Defendant completed the execution of the sentence at the 1st prison of

【Criminal Facts】

At around 01:20 on August 26, 2014, the Defendant ordered the beer's "Eume store" operated by the victim D (A. 47 years of age) in the East Sea as well as two of the Defendant's daily activities, and subsequently, ordered the beer, and the victim who was seated on the table that the Defendant was seated on the table, asked the beer's disease to be "when calculating the drinking value." On the other hand, the Defendant sustained two parts of the beer's disease, which is a dangerous object on the table, and caused the injury to the victim, such as the damage of two parts that require two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate and an investigation report (Attachment of a photograph of damage);

1. Previous records: Application of Acts and subordinate statutes on criminal records, references to criminal records, and the number and confinement status of each individual;

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) are as follows, and the following conditions for sentencing are determined by comprehensively taking account of the defendant’s age, character and conduct, family environment, circumstances surrounding the crime, means and result, circumstances before and after the crime, etc., and all the conditions for sentencing indicated in the records and arguments, such as the circumstances before and after the crime.

O favorable circumstances: The defendant reflects the defendant, and the defendant agrees with the victim, and thus the defendant commits the crime of this case during the period of repeated crime due to the previous violation, and is punished several times for the same criminal records.

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