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(영문) 의정부지방법원 2016.07.29 2016고단1184
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On May 22, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Goyang Branch of the Jung-gu District Court (hereinafter “The Defendant”), and completed the execution of the sentence in the medical institution on July 31, 2015.

[2] On August 22, 2015, the Defendant and C, at the five main points of “E” located on the fifth floor of the Kug-si building D, the Government-si around 07:50, and on the ground that the Defendant acted without any brush under the influence of alcohol, the victim F. (31) was inflicted on the victim’s face by drinking and hand floor, and the Defendant was able to raise the victim’s face from the floor of drinking and hand, and C recons the victim’s face with drinking and hand floor, and C recons the victim’s face with drinking and hand, and then, the victim was able to know the number of days of treatment.

Accordingly, the defendant, together with C, injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Statement of opinion;

1. Data concerning photographs of victims;

1. Data from CCTV at the entrance of the victim A, and photographs after capturing the suspect A Mesenssen;

1. Each investigation report (the analysis of CCTVs, the analysis of H CCTVs, and the verification of suspect A's E hours for admitting);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] General Injury [the grounds for sentencing] Article 35 of the Criminal Act for aggravated repeated crimes [the person subject to special mitigation] / self-denunciation [the person subject to special mitigation] / self-denunciation] / including efforts to recover damage] / where the person led or led the crime [the person subject to special aggravation] / [the decision of sentence] / the case where the person led or led the crime [the case] 8 months disadvantageous to imprisonment: The one having many records of the same crime including criminal records, and the one having committed the crime of this case during the same repeated crime period.

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