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(영문) 서울북부지방법원 2012.11.08 2012고단2526
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 24, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Northern District Court on September 24, 2009, and completed the execution of the sentence at the 2nd prison of North Korea on January 17, 2011.

At around 21:40 on May 4, 2012, the Defendant, on the front day of the Changdong Culture Mar. 3, 2012, entered the victim's house without the consent of the victim, caused the victim's K (the 42 years of age) and the Defendant's entrance into the victim's house without the consent of the victim, and caused an empty disease, which is a dangerous thing around the victim's desire, to purchase the victim's head room at one time and the victim's head room was unable to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Photographs of the victim, photograph of the victim, and investigation report (the degree of injury of the victim, etc.);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records, written judgments and investigation reports;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that the accused is divided) for discretionary mitigation;

1. Among the sentencing criteria for violent crimes;

2. The basic type of habitual injury, repeated injury, and special injury (non-existence of a special foster person): Two years - four years;

2. In light of the Criminal Procedure Act and the part of the injury, it is necessary to strictly punish the defendant, but it is so decided as per Disposition by taking account of the fact that the defendant has a large number of criminal records of the same kind of crime.

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