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(영문) 춘천지방법원 원주지원 2015.06.02 2015고단175
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 18, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for habitual fraud in the Chuncheon District Court on July 18, 2012, and completed the execution of the sentence in the Chuncheon Prison on June 8, 2013.

The Defendant, at around 18:30 on February 17, 2015, performed drinking together with the victim E (the age of 50) within the “D” located in the Won-si, Won-si, the Defendant was punished for a dispute with the victim due to money problems, etc.

In this regard, beer's disease, which is a dangerous object on the table, was collected, and the left side part of the victim was set once, and the victim was able to receive approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a medical certificate;

1. Address photographs of the case;

1. Photographs photographs of damaged parts (in the emergency room of a reading hospital);

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries into criminal records, written judgments (the Chuncheon District Court Act No. 2011No944), the current status of personal identification and confinement, and report on the results of confirmation of the previous dispositions;

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 Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [decision of types] for the punishment under Article 53 and Article 55(1)3 of the Criminal Act (decision of types] violence, the basic area of types 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, Special Injury] [Recommendation Area and Recommendations], 2-4 years [General Aggravation]: Imprisonment with prison labor for two years (decision of sentence is less than 10 years after the completion of execution] of the same sentence that is not a repeated offense, and for the same sentence that is not a repeated offense (decision of sentence]. The crime of this case is very dangerous since the victim's math as a beer disease.

In addition, the defendant has been punished several times as violence, and the crime of this case was committed during the period of repeated crime due to the defendant's double crime, and was not yet agreed with the victim.

However, the defendant reflects his fault and deposited 2 million won in the victim's future.

. These circumstances.

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