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(영문) 수원지방법원 성남지원 2013.06.20 2013고단853
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On August 16, 2011, the Defendant was sentenced to ten months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Sung-nam Branch of Suwon District Court on the ground that the Defendant completed the execution of the sentence in the North Korean Prison 1 prison on June 13, 2012.

【Criminal Facts】

At around 12:00 on March 9, 2013, the Defendant, at the same time, kiddern residents E (ma, 50 years old and 50 years old) and F, kiddern residents in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and changed their resident registration certificates to show time and had the victim suffered bad appraisal with the victim who left the place of his/her work together with his/her own mind.

On the other hand, at around 20:00 of that day, the Defendant discovered the victim's faces (9cm x 19cm x 6cm) which are dangerous articles in the vicinity and discovered the victim's face at one time and inflicted injury on the victim, such as the frame of the mouth of the mouth 8 weeks in need of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A medical certificate;

1. The application of Acts and subordinate statutes to an inquiry report, inquiry report, results of the search of prisoners, investigation report (verification of the expiration date of punishment), and a photograph of injury, damage (pre-marketing);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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