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(영문) 인천지방법원 부천지원 2013.11.29 2013고단3015
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On October 23, 2013, the Defendant violated the Punishment of Violence, etc. Act (a collective act of violence, deadly weapons, etc.) committed an act of violence on or around 23:30 on October 23:4, 2013, the Defendant came to know of the Defendant’s employees of the Defendant’s company that the victim F (23 years of age) was in his/her house with his/her house was in his/her house in his/her house, and went to her house with his/her house, which is a dangerous object that was in his/her house with the victim and was in his/her house (26cm in blade length).

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (injury to group, deadly weapon, etc.) brought the victim C (25 years of age) who is his/her employee at the same time and place as the preceding paragraph, brought the Defendant’s words, knife and knife, which are dangerous things, and put him/her on the victim’s left hand.

As a result, the defendant carried dangerous articles and inflicted injury on the victim, such as the second left-hand balance of the second 28-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against F and C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to victims and their blades;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the occupation of assaulting carrying a dangerous object);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc. of Application for Compensation Order (the existence and scope of liability for compensation is unclear, and thus it is not reasonable to issue an order for compensation). The victim is a victim.

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