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(영문) 인천지방법원 2013.10.16 2013고단5079

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On August 16, 2013, at around 20:40, the Defendant stated, “E” on the second floor of Dnaart club located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, that the victim F (55 years of age) flicked and divided the victim’s flick into his hand on the ground that he flicked and flicked him, and flicked him, and used the victim’s flick, and flicked the victim’s flick, and flicked the victim’s flick, and flicked the victim’s flick, and flicked the victim’s flick, and flicked the victim’s flick at one time, and flicked the victim’s flick, and flicked the victim’s flick.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s written statement statement 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. Although the reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation recognizes the Defendant’s mistake and reflects it, on October 15, 2013, the Defendant deposited KRW 3 million in the victim’s future, and there was no record of punishment after 2002, etc. However, the instant crime was committed by the Defendant with a tight knife from power during the process of driving and wrapping the Defendant.

In light of the fact that the knife of the victim caused the heat between the victim with the above knife, the nature of the crime is very poor in light of the motive, method, and the fact that serious injuries have been inflicted on the major organs, etc., the sentence shall be imposed as ordered in consideration of the fact that it has not been agreed with the victim until now, and all other conditions of sentencing, such as the age, character and conduct