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(영문) 인천지방법원 2013.11.27 2013고단7022

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for two years.

Each item confiscated by the defendant shall be the Incheon District Prosecutors' Office in 2013.

Reasons

Punishment of the crime

[2013 Highest 702]

1. From August 31, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. causing damage) caused damage to the victim’s property by getting off three times the entrance door of the victim’s residence, which is a dangerous object, on the ground that electromagnetic waves occurred from the victim’s home, around 17:00, Seo-gu, Seo-gu, Incheon Metropolitan City C apartmentba-dong 101.

2. On September 5, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by group, deadly weapons, etc.) around 01:00, on the street in front of the above apartment building, each item (112 cm in length, 2.7 cm in thickness) which is a dangerous object in the chemical group for the said reason, put the victim a arms on the left side of the victim for about two weeks of medical treatment.

[2013 Highest 7160] The Defendant is a daily worker, and around 02:20 on September 1, 2013, the Defendant reported that Mongolian Victim G (28 years of age) was under the influence of alcohol on the road in front of the “F” point in Seo-gu Incheon, Seo-gu, Incheon, and suffered an injury to the victim, such as the next arms open in order to provide approximately three weeks of treatment.

Summary of Evidence

[2013 Highest 702]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Inflicting photographs, seized articles, photographs, and written diagnosis of bodily injury [2013 Highest 702];

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Act and subordinate statutes to the victim's knife photograph and diagnostic certificate;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) and (1) of the Criminal Act;

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

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

1. The defendant has reasons for sentencing under Article 48(1) of the Criminal Act.