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(영문) 인천지방법원 2014.04.10 2014고단1250
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant is a Myanmar national who entered Korea on August 5, 2013 for employment, and has been working in Law Firm D in Nam-gu Incheon Metropolitan City from that time.

On February 4, 2014, at around 22:25, the Defendant: (a) received a protest from the victim E (the age of 32) who is a nationality of the mother country working for the same company while making telephone conversations in the dormitory toilets in the above D company; (b) and (c) took a knife (the total length of 24cm, 12cm in length of the knife) on the side of the first floor of the dormitory while threatening the victim while threatening the victim, and (d) took part of the victim’s left side knife two times in the above knife.

As a result, the defendant used a deadly weapon to put the victim a part of the body requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E police statement;

1. Seizure records;

1. Application of Acts and subordinate statutes of injury diagnosis certificates and copies of medical records;

1. Relevant Article 3 (1) or 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (including the fact that the victim is responsible for the occurrence of a crime, the fact that there is no record on criminal punishment, the serious reflectivity, etc.);

1. Recommendation of the sentencing guidelines for the reasons for sentencing under Article 48 (1) 1 of the Criminal Act: It shall be decided as per the order for the reasons not less than the basic area (two to four years) among the special injury;

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