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(영문) 인천지방법원 2013.05.14 2013고단1933
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 23:00 on April 17, 2013, the Defendant discovered that the victim C (V, 56 years of age) who was aware of, was under the influence of alcohol in front of the Defendant’s house in Bupyeong-gu, Incheon, Bupyeong-gu 102, was able to take a bath by telephone without any reason from the Defendant at the immediately preceding time, and used the victim by gathering the kitchen knife (20cm length of the knife), which is a dangerous thing in the kitchen with the victim’s candle, and by gathering the kitchen knife (20cm length of the knife) with the victim’s face, and booming the victim’s face with the victim’s seat, “Ching and stringing” without any reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the confession of a crime by the defendant, the victim following an agreement with the victim that the defendant does not want the punishment of the defendant, the defendant has no record of criminal punishment except for the previous conviction of a fine in around 1986, and the degree of damage by the victim is relatively minor);

1. Article 62 (1) of the Criminal Act for a suspended execution (resumed normal conditions favorable to the preceding);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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