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(영문) 인천지방법원 2015.09.17 2015고단4298
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On June 27, 2015, at around 04:05, the Defendant, at around 04:05, tried to shoulder the children under the influence of alcohol in his residence in the Namdong-gu Incheon Metropolitan City, when the victim D (n, 27 years of age) was controlled, the Defendant, by hand, took three times the head of the victim, and took three times the head of the victim, and 11cm in the main room (the total length, 20cm, 11cm in the knife length).

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as records of seizure, list of seizure, photographs of damaged part of the victim and field photographs, and photographs of seized articles;

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

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

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act [decision of the Suspension of Execution] Violence of Article 62 (1) of the Criminal Act - Types 6 (Habitual Cumulative Offense, Special Violence): [Determination of the area of recommendation ] Reduction of Punishment (Determination of the area of recommendation ] Reduction of Punishment (Determination of April to January 12): Suspension of Execution] - Major reasons for writing : positive positive reasons for writing - There are no positive contingent crimes, no criminal records of not less than the suspension of execution / [decision of the sentence] contingent crimes, and the victim who is the wife does not want the punishment against the defendant, etc., the suspended sentence of imprisonment for 8 months shall be sentenced to a two-month period of imprisonment

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