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(영문) 인천지방법원 2013.04.17 2013고단969
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is C factory owner, the victim D(50 years of age) is E factory owner, and the defendant is punished by the victim.

At around 14:40 on January 30, 2013, the Defendant asked the victim to “Wood, Dod, and 50% of the transaction partner because the game is not good,” but refused from the victim, and the Defendant left the part of the victim’s arm’s length, which was concealed inside and outside of the lock, with a deadly weapon, and got off the part of the victim’s arm’s length.

As a result, the defendant carried a deadly weapon, and carried it for about seven days, caused the victim to be accompanied by a complete photographing of the right to the right, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the degree of injury is not large, and that there is no criminal record other than the previous fine before about twenty years, etc.);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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