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(영문) 대전지방법원 2015.11.12 2015고단2339
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. On May 19, 198, Defendant A was sentenced to 15 years of imprisonment with prison labor for murder, etc. by the Daejeon High Court on 198, and the parole period expired on May 25, 2012 during the execution of the sentence.

On May 28, 2015, the Defendant: (a) around 19:40, at the Daejeon Prison E-dong, Daejeon Correctional Institution on the 5th upper floor, which was located in the Daejeon Pungdong on May 28, 2015; (b) caused the victim B (21) in the same ward to attacking another person’s occupation; and (c) caused the victim’s face and body to live without a brucation; (d) caused the victim’s behavior in both fields of drinking; and (e) caused the fluor (11cm in length, 7cm in width) made of plastic clothes, which is a dangerous object used in a brush, by using the struth of the 5 week’s left hand, body and face, and received her face from her head, etc., about five weeks for medical treatment to the victim.

2. Defendant B set up against the attack of the said victim A (the age of 48) at the time, time, place as set forth in paragraph (1) of the same Article, and set up two-hours of two-hours of two-times of two-times of two-times of two-times of two-times of two-times of two-times of two-times of two-times of two-times of two-times of two-times of two-times of two-times of two-times of two-times of two-times of one’s face and body.

Summary of Evidence

1. Defendants’ respective legal statements (the third court date in case the Defendant A)

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

1. Each investigation report (No. 6, 7, and 8 in the evidence list);

1. Previous convictions in judgment: Application of Acts and subordinate statutes of the previous disposition and the results of confirmation (No. 23 of the evidence list);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (the point of injury inflicted by carrying a deadly weapon) Defendant B: Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. Defendant A from among repeated crimes: The proviso to Article 35 and the proviso to Article 42 of the Criminal Act;

1. Discretionary mitigation;

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