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(영문) 인천지방법원 부천지원 2013.08.08 2013고단1042

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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

Defendant and victim C (the age of 39) are de facto marital relations, and victims D(the age of 18) are children of C.

1. Around 20:10 on April 21, 2013, the Defendant: (a) committed assault against the Defendant on the ground that C was hospitalized at a hospital on the ground that his or her house located in Seocheon-gu, Seocheon-gu, Seocheon-si E frequently drinks his or her usual drinking; (b) the victim D speaks it; and (c) the Defendant was able to take off the victim’s hairs and baths due to the defect of his or her head and face two times with his or her hairs.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) committed the assault as above, went to a small room that the Defendant Does up a knife a knife (33 cm in length, 22 cm in blade) which is a dangerous object in the kitchen on the ground that the victim D did not come to a small room after being abused.

Accordingly, the victim C died of his tea, and the defendant who prevents the defendant, by his hand, was able to catch the victim C's head debt and ske the victim C's head debt, and the victim D from a small room was knife.

Accordingly, the defendant used a dangerous knife to commit violence against victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecutor or the police of the victims;

1. Application of seizure records and on-site photographs statutes;

1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act that applies to the crime, the choice of a punishment, Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (a point of assault to carry

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Probation and community service order under Article 62-2 of the Criminal Act;

1. The sentencing reasons of Article 48(1)1 of the Criminal Act for the sentencing of the crime of this case under Article 48(1)1 of the Criminal Act is not good and the risk seems to be considerable, and the defendant is a violent crime.