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(영문) 인천지방법원 2013.04.22 2013고단1618
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

1. Around 00:00 on November 24, 2012, the Defendant violated the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) (around 00:00, the Defendant used a saw-shaped knife knife knife, which was a deadly weapon in the main line of the victim, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knif).

2. On December 31, 2012, at around 19:00, the injured Defendant inflicted an injury on the victim, by assaulting the victim, such as flapsing the victim’s head, flapsing the victim’s head, shakeing the victim’s head with his/her hand, and bucking with his/her hand, and causing approximately 14 days of treatment, such as salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Relevant Article of the Act on the Punishment of Violences, etc.: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the fact that the defendant has agreed with the victim and the motive for the crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Confiscation: It is so decided as per Disposition for the reasons under Article 48 (1) 1 of the Criminal Act;

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