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(영문) 인천지방법원 2013.11.14 2013고단4801
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On May 27, 2013, at around 22:30, the Defendant: (a) dispute with the victim E (the 54 years of age) who is a ship in Yeonsu-gu Incheon Metropolitan City C on May 27, 2013; (b) dispute with the settlement and monthly payment of a trade agreement with the victim E (the 54 years of age); and (c) caused the death of the victim, a dangerous object that he prepared in advance (the 12C length of the blade) from the material, "I son who was sitting back to the string of the knives of the knife"; and (d) caused the above excessive part to the victim, "I am back to the knife because I am back to the knife, I would like to oppose the victim."

As a result, the Defendant saw the victim as the upper part of the breast wall and the lower part of the breast wall that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning victim injuries and field photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The sentence of imprisonment with prison labor shall be imposed, considering the fact that excessive possession of the grounds for sentencing under Article 48(1) of the Confiscation Criminal Act prior to the sentencing of the victim inflicted an injury on the victim’s item, the nature of the crime is bad, the agreement with the victim is not reached, and the criminal records of the defendant

The circumstances after the crime are committed, and the facts leading to the crime of this case are favorable, such as the confession of the defendant and the facts that the defendant made a confession of the crime, the mistake is divided, and the degree of injury of the victim is not serious.

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