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(영문) 인천지방법원 2012.11.29 2012고단10470

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

While the Defendant resided in the Nam-gu Incheon Metropolitan City C Loans and lived without a certain occupation, the Defendant maintained friendship with the victim D (years 42) who was living in the Sucheon Park in front of the Defendant’s home.

At around 16:30 on August 21, 2012, the Defendant considered that the victim drinks together with E, E, and F, after deducting the Defendant from the Defendant’s basic cost of living.

On the ground of this, while entering the Defendant’s house, the Defendant intending to excessively set up the Defendant’s house and set up the victim’s boat, but E laid down this.

The defendant does not waive, and then conceals the kitchen knife, which is a deadly weapon (28.5 cm in length) with the house of the defendant in his own way, and even though the victim tried to cover the victim's vessel by "I am knife one time of imprisonment or more, I am knife", but the victim am knife with the left part of the victim with the kitchen knife, the left part of the victim's left part.

As a result, the defendant carried with a deadly weapon and carried the victim with a knife at the left side where the victim cannot know the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A photograph of the upper part of the body;

1. Application of Acts and subordinate statutes to a criminal investigation report (attached to a register of medical care for prisoners), investigation report (a report on 119 emergency medical services and nursing record attachment);

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. Even though the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Code for discretionary mitigation is against the crime of this case, even though the defendant had been punished several times due to violence, the defendant has committed the crime of this case again, and the method of the crime of this case and the victim has also been placed in the kitchen knife.