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(영문) 인천지방법원 부천지원 2014.01.27 2013고단3335

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:52 on July 10, 2013, the Defendant made a false statement on the Defendant’s house located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, and on the grounds that the Defendant made a statement about the summary order issued to the Defendant, such as the Defendant’s payment of a fine by the victim as if the victim had been reversed, during the conversation with the victim D, the Defendant made a statement that is dangerous in the kitchen, the Defendant saw the transition (which is equivalent to 24 cm in total length and 14 cm in length) as a thing dangerous in the kitchen at the kitchen, and as the Defendant sawed the above transition and dried the victim’s timber and left chest, the Defendant sawd the victim’s face to the victim’s right side on the date of treatment, and knick up the victim’s right side on the day of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Part D among the protocol of interrogation of the police against the defendant

1. Statement made to D by the police;

1. Seizure records;

1. Application of statutes on medical records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the defendant repents the wrong facts and that the victim does not want the punishment of the defendant by mutual consent with the victim);

1. Article 62 (1) of the Criminal Act (the same as entry of reasons for discretionary mitigation);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;