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(영문) 인천지방법원 2015.02.13 2015고단105

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

After drinking the victim C (n, 43 years of age), married couples, and the victim without any particular reason, the defendant has spaceded his pedal.

On December 30, 2014, at around 02:00, the Defendant shouldered the chest of the victim who was driven in the building of Gyeyang-gu Incheon Metropolitan City, No. 101, and the Defendant’s residence, and the victim took care of the victim’s head with his her son’s son, and then took care of the victim’s head out of the house, and the victim took care of the case such as plastics, etc., which the victim intends to enter the house again, and gets out of the house. The Defendant threatened the victim with a knife knife, which is a deadly weapon in the kitchen, which was put in the kitchen house, with the victim’s knife, and knife knife knife knife knife knife knife.

After that, the defendant, who was divingd in a ward, was aware that the victim had re-entered into the house, locked the door, opened the door, opened the gate, opened the gate, opened the gate, opened the gate, and opened the gate on the new gate, and opened the gate on the new gate, and opened the gate on the gate, and opened the gate on the head of the victim's head, and opened the gate in front of the gate.

Accordingly, the defendant carried dangerous objects and committed violence to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police statement concerning C;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the scope of the mitigated sentence (4-1-2 months and 1-2 months) (special mitigation) (including serious efforts to recover damage).