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(영문) 대구지방법원 2013.11.22 2013고단5817
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On July 22, 2011, the Defendant sentenced the Daegu District Court to six months of imprisonment for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and completed the execution of the sentence in the Daegu Prison on March 28, 2012.

At around 14:00 on July 21, 2013, the Defendant: (a) considered that the victim E (24 years of age) who was aware of “D Elementary School” playgrounds located in Daegu-gu, Daegu-gu, would have stolen cash in the main studio while he was divingd in his own studio; and (b) was suffering from excessive (20/4 meters in length) that is a dangerous object of the victim’s face at one time, and was in possession of the victim’s face at one time at one time and one time at one time, and suffered from a part of the upper part that needs treatment at approximately three weeks on the left side of the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A medical certificate;

1. The investigation report (Attachment of photographs);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, personal identification and confinement status, investigation reports (report accompanied by a copy of judgment, 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;

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not likely to cause injury to the victim by carrying excessive goods, which are dangerous goods of the defendant, and the defendant has been punished several times due to the act of violence, and the defendant has committed the crime again during the period of repeated crime, the degree of injury is not weak, and the defendant has not made efforts to recover from damage. In view of the fact that the crime of this case was committed again during the period of repeated crime, it is necessary to strictly punish the defendant.

However, the defendant's confession and reflects the motive of the crime of this case, circumstances after the crime of this case, and the defendant.

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