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(영문) 인천지방법원 2014.06.19 2014고단2755
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 of the final judgment.

Reasons

Punishment of the crime

1. On November 30, 2010, at around 12:20, the Defendant committed a crime against the victim C (the age of 41) who operated rice retail stores at the rice house operated by himself/herself in Chungcheongnam-si Kimnam-si, Kim Jong-si, and the rice price increase problem, and the Defendant saw the victim’s vegetable hand, which is a dangerous object in his/her location and her vegetable sp-type sp-type spacker and sold the victim’s vege-type.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

2. The Defendant committed the crime against the victim F, at the time, at the time, and at the place specified in the preceding paragraph, sent the victim F (the age of 47) at the above location, laid the victim F (the victim’s age of 37), laid his behavior at the kitchen gate ( approximately 20 cm in the blade length, approximately 30 cm in the total length), and threatened the victim, as the victim would be able to do. The Defendant collected the victim’s panty, scke scke scke scke scke scke scke scke scke scke scke scke scke scke scke scke scke scke scke scke scke

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol concerning C and F;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes as provided for in the Act on the Punishment of Violences, etc. that is more severe than punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.

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