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(영문) 인천지방법원 2015.01.07 2014고단8549
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for a term of one year and eight 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

The defendant is the father of the victim C (22 years of age) who is in service as full time reserve service.

At around 22:45 on October 11, 2014, the Defendant issued a warning to the victim on the front of the building of Gyeyang-gu Incheon Metropolitan City D, with respect to the fact that there are many calls from which the victim was found in the unit to which the victim belongs, the Defendant got off the part of the knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

As a result, the Defendant carried dangerous articles and carried the victim with a 4 cm length and 5 cm buckbucks with a depth of 5 cm.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Seizure record and list;

1. Application of Acts and subordinate statutes governing seized articles;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Sentence I (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) (1 year and six months to two years) (1 year and six months) of the mitigation area (1 year and six months to six months), shall not be punished within the scope of the recommended sentence;

2. The punishment of this case, which is to be sentenced, shall be determined by taking into account various factors of sentencing, including: (a) the nature of the crime; (b) the person who is bad in light of the risk thereof; (c) the person who is subject to special mitigation; and (d) the person who is deemed to have committed any contingent crime; (c) there is no force to punish any violence; and (d) there is no force to punish after 2005;

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