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(영문) 의정부지방법원 2013.09.10 2012고단2993
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:50 on September 12, 2012, the Defendant, while making a dispute with the victim D (the age of 51) and 102, brought an injury to the victim due to the number of days of treatment by making his head head head head kn away from the floor knife.

Summary of Evidence

1. The defendant's legal statement (the statement on the 10th trial date);

1. Legal statement of witness E;

1. Part of the police statement concerning D;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the selection of fines);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Jung-gu District Court on September 2, 2011 and completed the enforcement of the sentence on April 27, 2012, and there is little room for strict punishment in light of the following: (a) the Defendant committed the instant crime during the period of repeated crime; (b) a number of violent crimes against the Defendant; and (c) the Defendant has a history of punishment.

However, in full view of all the circumstances that include the defendant's age, character and behavior, academic background, career, living environment, family relationship, motive and background leading to the crime, means and consequence of the crime, etc., the defendant's last preference against the defendant's violent crime and give them an opportunity to look at within the framework of the law and make a last opportunity to look at the defendant's violent crime within the framework of the law.

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