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(영문) 인천지방법원 2014.02.11 2013고단8283

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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 is engaged in used cars trading business and is in a de facto marital relationship with victim D (n, 38 years of age).

1. Around December 4, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed an assault against the victim’s head head at his/her home on the ground that the victim had come home late in his/her house in 301, Seo-gu Incheon, Seo-gu, Incheon, and that he/she did not have any dispute with the victim, and that he/she did not have any dangerous object in his/her house.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) and at the time and place specified in the above paragraph (1) of this Article, took the knife knife of the main knife, which is a lethal weapon ( approximately 32 cm in total length, approximately 19 cm in knife in knife the knife in knife of the knife, and threatened the victim with “

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous objects); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (the occupation of intimidation carrying dangerous weapons);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Considerations such as the reflection of the accused, the fact that the accused has agreed with the victim, and the fact that there are no criminal records of the same kind