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(영문) 전주지방법원 정읍지원 2013.05.02 2013고단186
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On March 20, 2013, around 19:30 on March 20, 2013, the Defendant reported that the victim E (the 47-year-old age) works in a D cafeteria located in Chang-gun, Jeollabuk-do, Jeollabuk-do, was under the influence of alcohol, and put the victim’s face face (25 cm in length) on a multiple occasions, where the victim needs to receive approximately 14 days of treatment without any reason while drunk.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to E, F, and G;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, report on investigation, and certificate of injury;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person commits a crime and misleads such person, and the fact that he/she agrees with the victim);

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime of this case committed by the defendant on the ground of the sentencing of Article 48(1)1 of the Confiscation Criminal Act is committed by the victim, who was a dangerous object without any reason, on a multiple occasions, by causing the victim's face level, which is a dangerous object. It is not so harsh that the method of crime is cruel and high risk is very high.

If the victims and their behaviors did not properly set up against the victim, the degree of damage seems to have been very serious.

In light of the fact that the defendant has been punished several times due to violence, etc., and the defendant has been sentenced to a fine and a suspended sentence of execution by using dangerous articles, but he/she again committed such crime, it is deemed that the sentence of the defendant is inevitable.

The sentence is determined as ordered by comprehensively taking account of all the conditions of sentencing as shown in the records and arguments.

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