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(영문) 인천지방법원 2013.12.17 2013고단7811
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

At around 17:20 on November 19, 2013, the Defendant, while drinking alcohol together with the victim D (the age of 48) who was aware of in the course of doing his/her work within his/her own residence in Bupyeong-gu Incheon Bupyeong-gu C 101, he/she collected knife a knife (18cm in total length, 8cm in knife length) on the ground that the victim would speak half, and knife a knife of the dangerous object (8cm in total length, 8cm in knife) on the left side of the victim once.

As a result, the defendant carried dangerous objects and left the hospital with which the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Duplicative photo;

1. Application of Acts and subordinate statutes to a report on investigation (referring to the degree of injury of a victim);

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 (i.e., the confession of the crime by the defendant, the mistake is divided, the victim does not want the punishment of the defendant by agreement with the victim, the crime of this case occurred by contingency, the victim's report of the defendant led to the occurrence of the crime of this case, and the degree of injury is not serious);

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

1. Article 48 (1) of the Criminal Act of confiscation;

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