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(영문) 창원지방법원 진주지원 2014.05.14 2014고단331
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 August 22, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. in the Changwon District Court's Jeju District Court's Jeju District Court's Jeju Branch on April 11, 2013, and completed the execution of the said punishment.

1. On January 13, 2014, at around 16:10, the Defendant committed the crime against the victim C, while drinking alcohol with the victim C (the age of 47) who was aware of the victim’s face, and doing a dispute with the victim, he/she got the victim’s face at drinking, and putting about two weeks of treatment of the victim, he/she suffered injury, such as two skin heat, etc., which is a dangerous thing, after taking the victim’s face into drinking.

2. On March 30, 2014, around 14:30, the Defendant committed a crime against the Victim F with the victim F (the age of 48) in front of the H in Jinju-si, Jinju-si, who was in a dispute with the victim F (the age of 48) and the victim’s face at one time, brought about a sidewalk block, which is a dangerous object on the street, and caused the victim’s head to tear, etc., and thereby, inflicted bodily injury, etc. requiring treatment for about 10 days, by taking the victim’s head into consideration.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. Each commission for appraisal;

1. Each photograph;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports (verification of the period during which repeated crimes are applicable);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and 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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The defendant committed each of the crimes of this case in a contingent manner, and committed each of the crimes of this case in consideration of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a record of having been punished several times as violent crimes, and that the defendant committed each of the crimes of this case during the repeated crime period.

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