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(영문) 광주지방법원 2012.10.31 2012고단5410
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

The excessive loss (No. 1) and the excessive knife (No. 4) confiscated shall be confiscated.

Reasons

Punishment of the crime

On April 2, 2009, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Gwangju District Court, and was sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual assault) at the Gwangju District Court on November 25, 2009, and the judgment became final and conclusive on March 25, 2010, and was released on November 30, 201 and passed on January 26, 201.

At around 21:00 on October 4, 2012, the Defendant demanded that the victim D (n, 58 years of age) located in Madnanam-gun D (n, n, e.g., the 58 years of age) be released from the Enona bank operated by the Defendant, but the Defendant came to have a part of the victim’s clothes one time, which is a deadly weapon that the victim had in advance, and that the victim said that there is no room.

As a result, the defendant used the excessive use of a deadly weapon for about two weeks to put the left-hand side of the victim in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (as to the confirmation of victim's identity as D), investigation report (as to the reply of doctor F);

1. Each existing situation of the excessive loss that has been seized (No. 1) and the excessive knife (No. 4);

1. Previous convictions indicated in judgment: Application of criminal records, investigation reports (the date when the judgment becomes final and conclusive and the term of punishment);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Consideration of the scope of recommendations according to the sentencing guidelines for violent crimes with reasons for sentencing under Article 48(1)1 of the Criminal Act, the criminal defendant's like criminal records and repeated crimes, the details and contents of this case, the degree of injury of the victim is not much excessive, and the fact that the criminal defendant has agreed with the victim, etc.

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