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(영문) 인천지방법원 2014.05.27 2013고단7031
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On March 31, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Incheon District Court, and completed the execution of the sentence on September 28, 2011.

1. Around 22:00 on August 29, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) stated that the victim D (the age of 53) operated in Incheon Reinforcement-gun C, and that “the victim “the victim is paying off and well-managed any foreign employee,” and that “the victim is a deadly weapons (the total length of 32cc, the knife length of 19cc), which were in the kitchen, and that “the victim is a deadly and solvingr. I may die. I may die.” The victim knife the knife of the knife and the victim knife the knife of the number of days of treatment and the knife the knife knife knife of the defending victim.”

Accordingly, the defendant injured the victim by carrying a deadly weapon.

2. Around 09:00 on August 30, 2013, the Defendant damaged the property by means of air conditioners, computers, and air conditioners with approximately KRW 4.5 million in the market price owned by the victim D, at the same place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Protocols of seizure, list of seized articles, and photographs of seized articles;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are the crimes committed during the period of repeated crime, and the crimes in violation of the Punishment of Violences, etc. Act (a collective weapon, etc.), are the crimes committed during the period of repeated crime.

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