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(영문) 인천지방법원 2012.11.21 2010고단1694
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 8, 2005, the Defendant was sentenced to one year and ten months of imprisonment for fraud, etc. at the Cheongju District Court, and completed the execution of the sentence on May 16, 2006.

1. On December 15, 2008, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) was placed in the D Ecoos car parked in the parking lot of Gyeyang-gu Incheon Gyeyang-gu Incheon Gyeyang-gu, Incheon, and 3-4 times the head of the victim's head was able to take part in the victim's face and head from drinking, and the victim E (the victim E (the age 41 year), and the victim's face and head were able to take part in drinking, and the victim's head was 3-4 times.

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

2. A violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) expressed a threat to the effect that, on January 2009, the Defendant: (a) laid the victim E (nives, 41 years of age) in the said Ecuas car, carried the victim E (nives located in the Seo-gu Incheon, Seo-gu, Seo-gu, Incheon; and (b) requested the victim to introduce the victim's son; (c) however, the victim refused it, on the part of the part of the victim, and “the victim was aware that the person who first would have been faced with the knife at this k was unable to governance.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statements of witnesses E in the first protocol of trial;

1. Each prosecutor's protocol of suspect examination of the accused (including the E's statement part);

1. Each police statement of E;

1. A criminal investigation report (attaching, such as a written petition and a transcript);

1. Previous convictions in the judgment: Criminal records, ordinary records, and attachment of the judgment, and the defendant's assertion of the investigation report (verification of the date of release from the court), and judgment thereon;

1. The Defendant asserts that there are few times and places in Paragraph 1 of the holding, but there is no time and place in which the victim was her hand, and that there is no time and place in Paragraph 2 of the holding, but according to each of the above evidence.

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