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(영문) 광주지방법원 2012.09.13 2012고단3887
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 July 14, 2009, the Defendant was sentenced to eight months of imprisonment due to a violation of the Punishment of Violences, etc. Act (collectively weapons, threats, etc.) by this court, and the judgment became final and conclusive on January 4, 2010, and the execution of the sentence was terminated in the Gapo Prison.

Criminal facts

On May 6, 2011, at around 15:30 on May 15:30, 201, the Defendant died with the victim E (the age of 48) and the neck in the Dong-gu Seoul metropolitan area, and the victim said, “An excellent flash is well-known,” and the victim gets her head by her hand and was skeed into her head and was flashed into her head with her head, and was flashed one time on the back head part of the victim’s back head, and sustained the injury by gathering the flash of another flash, which is a dangerous object. In addition, the Defendant flashed the back head of another flash, which is a dangerous object, and caused the above victim to put the flash of head.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on investigation (nine pages, ten pages);

1. Previous convictions in judgment: The application of criminal records, copies of written judgments (2009 piece of order 1345), and Acts and subordinate statutes concerning personal identification;

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. Article 35 of the Criminal Act among repeated crimes;

1. For the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, a sentence is inevitable in that the Defendant committed the instant crime even though he/she was a person who was sentenced to a punishment by committing a crime of violation of the Punishment of Violences, etc. Act (a collective weapon, threat, etc.) and completed the execution of the sentence.

However, considering the fact that the defendant all acknowledges and reflects the crimes, the agreement with the victim is reached, and the victim's injury is deemed not to be relatively heavy, the punishment as ordered shall be determined.

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