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(영문) 인천지방법원 2016.08.11 2014고단4946
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a Russia who works as a ship technician in the Republic of Korea.

The Defendant committed the following crimes while under the influence of alcohol in the above aircraft among the Dos coming from Washington to Incheon Airport on board aircraft (B) of Korea:

1. On April 14, 2014, around 01:30 on April 14, 2014, the Defendant was demanding the victim C (30 years of age) who sits on the side of the above aircraft to move himself/herself to another place and move him/her to the other place.

Accordingly, the Defendant used a knife (16.6 cm in total, 6.5 cm in length, 6.5 cm in length) that is a dangerous object that was provided with internal corrosion, and assaulted the victim, such as using the knife knife the victim’s knife at the next knife, with the victim’s knife.

2. No passenger on an airplane in flight in violation of the Aviation Security Act shall drink alcohol or take drugs for the safe flight and travel of the airplane and passengers, and do any harm to other persons, such as verbal abuse, loud singing, etc.;

Nevertheless, the Defendant, while under the influence of alcohol at the time, at the place specified in the preceding paragraph, committed an act of harming C, etc., notwithstanding the prior warning of the crew, and committed an act of disturbance, such as breaking “poned, bad, and telephone number” to female crew members.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to C, D, and E;

1. Application of Acts and subordinate statutes, such as a food-use age photograph, a warning note presented to a suspect, an aircraft seat tag, and an aircraft seat tag presented by crew members;

1. Article 261 of the relevant Act as to the crime, Articles 260(1) of the Criminal Act that provides for the choice of punishment (a special assault, choice of imprisonment) and the former Aviation Security Act (amended by Act No. 13811, Jan. 19, 2016).

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