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(영문) 인천지방법원 2013.07.18 2013고단2493

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

On May 11, 2013, the Defendant: (a) around 03:25, at the Defendant’s house located in the Gyeyang-gu Incheon Metropolitan City, 107 Dong B01, and (b) at the Defendant’s house located in the Gyeyang-gu Incheon Metropolitan City building 107 Dong B01, the Defendant: (c) made a heavyly weapon that had been living in the kitchen; (d) made a kitchen knife and transition, which is a deadly weapon in the kitchen; (d) made a kitchen knife in the victim’s knife, and knife the kitchen knife in the part of the victim; and (e) made the kitchen knife and the part of the victim’s left part part of the kitchen knife on one occasion; and (e) made the victim’s part of the kitchen knife and the part of the kitchen knife and the part of the victim’s part of the kitchen knif.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 48(1) of the Criminal Act is a case where the defendant inflicts an injury on the victim using the kitchen knife and excessive use of a deadly weapon, and the method and result of the crime are not provided against the victim.

However, the suspension of execution is to be imposed on the condition that community service order is subject to discretionary mitigation of statutory punishment by taking into account various factors of sentencing, including the fact that the defendant has no record of criminal punishment, the defendant's mistake is recognized, and the defendant deposited one million won for the victim, and the defendant deposited one million won for the victim, etc.