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(영문) 인천지방법원 2015.11.26 2014고단3584
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On January 29, 2014, at around 23:00, the Defendant, while drunkd from the third floor of the dormitory of C Co., Ltd., a company located in Seo-gu Incheon, Seo-gu, Incheon, and visited the victim D (25 years of age). However, the Defendant collected the food knife (19cc in the blade length, 31cc in the total length) which is a dangerous object that is located in the main room of the victim, without any answer from the victim, and used it as a knife the above knife to knife the above knife and sign the knife to knife the face of the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of the records of seizure, list of seizure, site, and knife Acts and subordinate statutes;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (decision of type) for the crime of assault (decision of type): Type 6 (Decision of Pronouncement of Habitual Offense, Special Violence) - In the area of mitigation of punishment: In the area of mitigation of punishment [decision of the recommended area]: Imprisonment with prison labor for April to January 1: in the area of mitigation of punishment [decision of the recommended area] - In the case where a major reason for commission is carried with a negative lethal weapon or other dangerous articles, and committed a crime: A positive reason for commission - A positive reason for commission: A positive contingent crime (decision of sentence] 8 months, and a stay of execution two years

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