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(영문) 인천지방법원 2014.07.24 2014고단3286

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 7, 2014, around 05:15, the Defendant presented a credit card to calculate the drinking value after drinking alcohol at the main point of “F” of the E 1st underground floor operated by Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, at around the Defendant’s residence, at around 730, the Defendant provided that “I will pay the drinking value to the victim D by paying the drinking value if the house is located near the place of residence.”

The defendant, like the above victim D(43 years of age) and the victim G (41 years of age), had the defendant's house waited for victims in front of the entrance, and entered the family of mixeds.

At the same time, I concealed the knife, which is a deadly weapon (2.5 cent meter in length), in one hand, and assaulted the victims about four to five times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

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

1. Article 62-2 of the Criminal Act on Probation (defensive face to commit a crime, and taking into account the same kind of electricity, etc.);

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation] When the mitigation area (a person who has been subject to special mitigation) [4-1-2 months] of mitigation area (a person who has been subject to special mitigation] of punishment (including efforts to recover damage) or considerable damage has been restored (a decision of sentence] the defendant reflects the depth of the crime; the victims have taken advantage of the defendant; the victims have taken advantage of the defendant; the defendant's age, character and conduct, family environment, circumstances leading to the crime of this case, and results thereof; the records and arguments of this case, including the circumstances before and after the crime; and the same records and arguments of this case are considered. The punishment shall be determined as ordered in the Disposition.