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(영문) 부산지방법원 2013.12.13 2012고단9688
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On November 1, 2009, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Punishment of Violences, etc. Act at the Gwangju District Court, and was released on February 28, 2011 during the execution of the sentence in the Gwangju Prison, and the parole period passed on May 10, 201.

On September 14:15, 2012, the Defendant: (a) around 4:15, the victim C(48 years of age) and her drinking in the Myanmar 4-dong 552-26 at the “Mando Yando cafeteria,” which was a part of the victim, who was the victim after drinking alcohol, caused the Defendant to her anti-ende, and caused the Defendant to her left hand, etc. on one occasion with the shoulderer’s back hand, and continuously sustained 5-6 times the victim’s her knick with the knicked hand, and sustained the Defendant’s wife, such as the unclaimed hand on the left hand of the treatment days.

Summary of Evidence

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Superior and field photographs;

1. Previous records: Application of criminal records and investigation reports (Attachment to A written judgments, etc. of a suspect) and statutes;

1. Article 257 (1) of the Criminal Act, the choice of applicable laws and sentences concerning facts constituting a crime, and the choice of imprisonment;

1. It is so decided as per Disposition for the reason under Article 35 or more of the Criminal Act among repeated crimes;

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