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(영문) 인천지방법원 2015.01.22 2014고단9044

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 201, the Defendant received a disposition of home protection cases in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) from the Incheon District Prosecutors' Office, and on November 1, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Incheon District Court, and on November 9, 201, the said judgment became final and conclusive on November 2012.

At around 01:25 on December 7, 2014, the Defendant: (a) placed in the Defendant’s house located in the Nam-gu Incheon Metropolitan City Down 202, and (b) placed the Defendant with a knife knife (30cm in total length, 19cm in knife length) which is a dangerous object in the Defendant’s house and caused the Defendant to flife knife the Defendant’s right hand hand hand over the Defendant’s right hand over by displaying the knife, which is a dangerous object in the Defendant’s house.

Accordingly, the Defendant, using a knife, who is a dangerous object, inflicted an injury on the victim, such as the left-hand part of the face-to-hand side, in need of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Police seizure records;

1. Each injury diagnosis letter;

1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment of previous convictions and other criminal records) and statutes;

1. Relevant Article 3 (1) or 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation and community service order: The defendant has experience of criminal punishment against the same crime for the reason of sentencing under Article 62-2 of the Criminal Act, and the degree of injury is also serious, and there are unfavorable circumstances, such as the defendant also has been injured by the victim in the past, the victim does not want the punishment as her husband, and all circumstances, such as the defendant'