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(영문) 인천지방법원 2014.09.25 2014고단5631

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On November 20, 2009, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Incheon District Court. On September 30, 2013, the execution of the said sentence was terminated in the previous prison on September 30, 2013, and on August 21, 2007, the Defendant was sentenced to imprisonment with prison labor for not less than one year and six months and was sentenced to imprisonment with prison labor for the same crime and was

1. Around 19:00 on July 27, 2014, the Defendant assaulted the victim at a restaurant operated by the victim C (n, 71 years of age) located in the Dong-gu Incheon Metropolitan City on the ground that the victim does not sell food to himself/herself, on the ground that he/she did not sell food.

2. The defendant is a person who has been sentenced to imprisonment not less than twice with prison labor for a violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.).

Around 08:00 on August 7, 2014, the Defendant, while taking meals at the above restaurant, had ever been in mind with other customers, tried to inflict harm on the victim on the ground that the said victim C does not take his own part, and discovered the victim in front of E in the vicinity of the above restaurant at around 08:20 on the same day while C had a dangerous object (the length: 20cm and 10cm length: 10cm) going to his/her dwelling place in the same Gu D, and had already returned to the above restaurant and had the victim returned to search for the victim who was living in another place.

Since then, the defendant left hand with the body of the victim, and tried to cover the clothes of the victim on the road, which is a dangerous thing cited by the lush hand, but the F, which was kept by the lush, did not come to the wind of the defendant by taking the lush hand of the victim.

Thus, the defendant carried dangerous things and tried to inflict an injury on the victim, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim and F;

1. Records of seizure and the list of seizure;

1. Previous convictions in judgment: Criminal records and investigation records of the same kind;