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(영문) 광주지방법원 해남지원 2015.05.07 2014고단413
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

Reasons

Punishment of the crime

On April 12, 2007, the Defendant was sentenced to seven years of imprisonment for the crime of bodily injury in the Gwangju District Court's Manpoon branch on April 12, 2007, and was released on July 30, 2013 and completed the execution of the sentence on December 23, 2013.

On October 25, 2014, the Defendant: (a) around 18:50 on October 25, 2014, at K community center located in the Seoulnam-doJ, conducted a good appraisal on the ground that L of ordinary citizens (the age of 47) does not do so in a high-level manner; (b) reported the victim’s drinking alcohol on his/her hand; and (c) took a part of the victim’s head where he/she used his/her mother and child as his/her hand; and (d) reported the victim’s head as his/her hand by putting him/her on the part of the disease of the shouldered smaller, and said, “the victim is dead.”

(A) The Defendant and his defense counsel asserted that there was no fact that the Defendant had no head of the victim due to a so-called scopic disease, left the scopic disease on the floor, and there was no fact that there was a threat that “the Defendant scopic scopic scopic scopic scopic scopic scopics”. However, as such, G court and police statements that seem to correspond to G cannot be trusted, and according to the evidence presented in the summary of evidence

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness L;

1. Statement of the police concerning L;

1. A photograph of the damaged part of the victim;

1. Previous convictions as indicated in the judgment: Criminal records, etc., a written inquiry report (A), a criminal investigation report (report on the confirmation of violence and repeated crime records), a written judgment of 207 high-priced 1, and a reduction or confinement-related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Reasons for sentencing of the proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The basic area (6 months to October) of the sentencing criteria [Scope of recommendations] types of assault crimes (Habitual, repeated, special assault).

2. Determination motive of crimes and sentence;

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