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(영문) 제주지방법원 2016.02.15 2015고단1246
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

A seized kacker (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

On April 27, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Jeju District Court on April 27, 2012, and completed the execution of the sentence at the Jeju Prison on July 31, 2012.

On March 12, 2015, the Defendant: (a) around 17:30 on March 12, 2015, at the Ecosmetic operated by the victim D in Masung-si; (b) requested the victim from shot damage; and (c) knife knife knife, which is a dangerous object ( approximately 23cm in total length, approximately 8cm in length), knife knife knife on the victim’s left side side knife, and (d) knife knife knife knife.

"" and the other hand assaulted the victim by strokeing the victim's timber.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Sacker-kack photographs;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence, identification of each individual and status of confinement;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Aggravation of Aggravation of Aggravation of Cumulative Offense Act: (a) the victim agreed with and promised to enter into marriage with the Defendant since the instant case; (b) the Defendant’s prior wife was blickly desired; (c) the instant crime did not cause tangible damage; and (d) the Defendant recognized the facts of the crime and opposed to the mistake.

However, this case is a case where the defendant's knife assaulted a female victim's knife while carrying a knife, and the risk is serious and the nature of the crime is not very good.

Furthermore, the defendant has already been punished several times due to the same kind of crime, such as violence, injury, etc., and among them, the criminal records have reached two times.

In addition, this case is a crime during the same period of repeated crime, and criminal facts of criminal records of the same same type are dangerous objects to other women who have taught at the same time as this case is concerned.

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