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(영문) 인천지방법원 2013.11.04 2013고단4470
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. On November 21, 2012, the Defendant: (a) around 09:00 on November 21, 2012, the victim C (nive, 26 years of age) was in the house of Bupyeong-gu Incheon Bupyeong-gu Btel 512, and the victim was in a dispute with another male with another male; and (b) the victim was faced with his face, head, body part, etc. due to drinking and growth.

Accordingly, the defendant injured the victim for about 10 days of medical treatment, such as brain salute, etc.

2. The Defendant, at the time and place specified in Paragraph 1, sold the victim C’s toilet door by drinking and salivation for the foregoing reasons at the time and place, and left the victim’s toilet door continuously.

As a result, the defendant damaged the victim's above toilets of KRW 220,000 so that the market price is unknown.

3. The Defendant, in violation of the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) and at the same time and place specified in paragraph (1), took the kitchen knife (19.5 cm in knife length) and sound the victim C as “the same dead person” for the foregoing reasons, and took the head knife of the victim who escaped.

Accordingly, the defendant assaulted the victim with the kitchen knife, which is a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing the injury diagnosis certificate, written estimate, photographs damaged by toilets, kitchen photographs and kitchen photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes; Article 260 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 366 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (Consideration including the fact that agreement has been reached with the victim);

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