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(영문) 인천지방법원 2016.02.18 2013고단4584

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On May 27, 2013, around 05:49, the Defendant, without any justifiable reason, driven “C cafeteria” in Seo-gu Incheon, Seo-gu, Incheon, by using excessive (22 cm in total and 11 cm in length) that is a dangerous object to the victim D (43 cm in total) and added the victim’s clothes, but the Defendant did not commit an attempted act by avoiding the victim’s escape to his own place.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the protocol of seizure, list and photograph;

1. Articles 258-2 (3) and (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, takes into account the fact that a person who suffered from damage caused by the reason for sentencing, enters the door and was trying to intrude into the door by leaving the door even after the opening of the door, did not reach an agreement with the victim, and that the crime was committed in an attempted crime, and determined the sentence as ordered.