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(영문) 인천지방법원 2013.10.15 2013고단4478

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

B around 18:20 on April 2, 2013, around 18:20, on the Defendant’s vehicle, which had been demanding debt repayment to D in front of his own dwelling place in Seo-gu Incheon, Seo-gu, Incheon, and on the Defendant’s vehicle, on the part of the Defendant’s living together, on the part of the Defendant’s vehicle, he used an Aluminium air-conditioning net, which was in his house, and caused assault to the Defendant by displaying the Defendant’s left part of the arm’s length, which is a dangerous object, and booming the Defendant’s flap with the Defendant’s flap.

The Defendant, against the assault of the victim B (the age of 34), committed the assault against the victim by cutting off the above camping net, which is a dangerous object, and sponsing the part of the victim's arms and legs several times, and sponsing the victim's sprink with his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of interrogation of some police officers as to B;

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

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the confession and reflecting of the facts of the crime, the victim first committed the