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(영문) 대구지방법원 의성지원 2015.09.24 2015고단143
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On May 1, 2014, the Defendant was sentenced to three months of imprisonment with prison labor for larceny at the Seoul Central District Court, and the execution of the sentence was terminated on June 29, 2014, and on December 3, 2014, the same court was sentenced to one year and ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of collective action, deadly weapons, etc.) and the judgment became final and conclusive on December 11, 2014.

【Criminal Facts】

At around 14:30 on July 27, 2014, the Defendant, while drinking alcohol together with the victim C(53 years of age) in the vicinity of the Bupyeong-gu Manyeong-ro 54, the Defendant reported the Defendant’s desire to take food to the happiness, and caused the victim to go in hand, and caused the victim to go in his/her hand, and added the brick, which is a dangerous object on the floor, and caused the victim to go against the victim’s paralysis.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A report on investigation (the relative investigation of a shote D);

1. The body and part of the suspect, and the photograph of the criminal tools;

1. Previous records of judgment: Application of inquiry results, investigation reports (former records, court rulings, etc.) and Acts and subordinate statutes;

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 for aggravated repeated crimes;

1. Handling concurrent crimes and mitigation thereof: the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered that the injured party does not want the punishment);

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