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(영문) 인천지방법원 2014.01.15 2013고단5953

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six 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

【Criminal Power】 On November 9, 2006, the Defendant was sentenced to a fine of 2 million won by assault, etc. at the Incheon District Court, 4 times the previous department.

【Criminal Facts of Crimes” around 23:00 on May 13, 2013, at the residence of the victim D (the 47 years old), who is a woman living together on the window C and the first floor of Changwon-si, the victim was aware of alcohol, and the victim was refused to do so, and the victim was aware of the victim's fright at home, who was a dangerous object at home from the victim, and knife the victim's knife (the 28cm in total length, 15cm in knife length) with a knife knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knif kn

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The sentencing reasons of Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. are that the Defendant committed the instant crime that inflicts bodily injury on the victim in a knife, which is a dangerous object, and the nature of the crime is inferior in light of the Criminal Procedure Act, etc., but the crime is not deemed to have been committed, but it seems that there was no conclusive intent to inflict bodily injury on the victim, and that deposit KRW 1 million in the future of the victim, and all other sentencing conditions, such as the Defendant’s age, character and conduct, family environment, etc.