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(영문) 인천지방법원 부천지원 2015.04.24 2013고단2623
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 24, 2013, the Defendant, while carrying a lethal weapon, found in the victim D (nex, 39 years of age) house in Bupyeong-gu, Seocheon-gu, Seocheon-si C, and caused the victim to have a knife with another male and female on the ground that the victim was bad, and caused the victim and the victim D and the victim E (nex, 22 years of age) to have a knife with a dangerous weapon in the kitchen, and then lowered the knife on the floor. The Defendant continued to have another knife with the victim’s head, which is a deadly weapon in the kitchen, and continuously had the victim’s head, who is a deadly weapon in the kitchen, followed the victim’s head knife, and followed the victim’s head knife, and then caused the victim’s head knife once by hand.

Accordingly, the defendant carried a knife, which is a deadly weapon, and assaulted the victim D and E.

2. The Defendant caused property damage, at the time and place set forth in paragraph (1), at the victim D’s market price, one mobile phone with an interview interview with an amount equivalent to one million won at the victim D’s market price, one mobile phone with an amount of 900,000 won at the victim E-owned market price, and one mobile phone with an amount of 90,000 won at the victim F’s market price, respectively, was broken up.

Accordingly, the defendant damaged the property owned by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and D;

1. Application of statutes on photographs of damage;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act concerning the punishment of a deadly weapon, and Article 36 of the Criminal Act concerning the punishment of a crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da1248, Apr.

1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);

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