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(영문) 인천지방법원 2013.05.29 2013고단1503
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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A defendant shall be punished by imprisonment for not less than 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

At around 00:00 on March 6, 2013, the Defendant, while drinking alcohol with the victim C (the age of 52) in Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, 2013, followed the victim’s face one time by a sloping engine, brought the victim’s face to the left hand, brought the dangerous object, and threatened the victim with a knife of the dangerous object, threatening the victim by using the knife to the knife the knife of the dangerous object, and assaulted the victim by having the knife part of the chest part of the victim two to three times by the knife examination.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1.The records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of victims, seized postmortem photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Probation under Article 62-2 of the Criminal Act;

1. Although the Defendant had been punished several times for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, he/she again committed the instant crime, even though he/she had been sentenced to a fine due to such crimes as injury, damage to property, etc., the Defendant again committed the instant crime. However, in light of the following: (a) the Defendant led to the confession of the instant crime; and (b) the Defendant agreed with the victim smoothly; and (c) the Defendant’s age and environment, etc., the suspended sentence shall be

It is so decided as per Disposition for the above reasons.

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