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(영문) 춘천지방법원 영월지원 2014.07.18 2014고단141
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 December 12, 2008, the Defendant was sentenced to four years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape in Relatives) in the Busan District Court's Dong Branch Branch, and completed the execution of the sentence in the North Korean Branch, on September 10, 2012. On February 20, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Youngcheon District Court's Young Branch, the judgment became final and conclusive on February 28, 2014.

At around 01:00 on November 8, 2013, the Defendant took one time a part of the victim’s face with micro (16cm in length) as a dangerous object, on the ground that the victim E (n, 42 years of age) who is an employee is able to take care of the victim, at the main point of “D” located in Seocheon-si, Incheon.

As a result, the defendant carried dangerous articles with the victim and inflicted injury on the victim, such as 28 days of medical treatment, such as bones openness.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Photographs of victims and criminal tools;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of repeated crimes, etc.);

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 (applicable to a criminal record of a crime of rape in relation to relatives) ;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (the crime and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which have become final and conclusive

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not good for the crime committed during the period of repeated crime, and no recovery from damage is made. Taking account of equity in cases where a judgment is made simultaneously as it constitutes a latter concurrent crime under Article 37 of the Criminal Act.

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