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(영문) 인천지방법원 2014.10.16 2014고단4669
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten 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

around 01:30 on July 4, 2014, the Defendant listened to the victim D (20 years of age) who was in the vicinity of the wife C at around 1367, 26-14 Ebergg Loans, which had been in dispute with the wife C, and her body at around 01:0,000 on one occasion ( approximately 94 cm in length, approximately 21 cm in length of the knife) and brought about by the victim and brought about a dangerous object, which she had brought about by the victim. However, the Defendant did not immediately cause any damage to her body.

Since then, the defendant continued to catch the defendant's selling and breast part of the victim's knife and down the victim's knife.

In this respect, the Defendant, carrying with himself dangerous objects, assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Application of the Act and subordinate statutes to investigation reports and investigation reports (CCTV analysis);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [Scope of the recommended punishment] and the scope of the mitigated area (four months to one year and two months) of the crimes of assault (Habitual, Cumulative, Habitual, Special Violence) (special violence) according to the sentencing guidelines;

2. Determination of sentence of this case as to the crime of this case is highly dangerous that the risk of the crime of this case is not good, the fact that the defendant committed the same kind of crime is less favorable to the defendant, the fact that the defendant repents and reflects the defendant, and the fact that the defendant agreed smoothly with the victim shall be considered as favorable to the defendant, and the fact that the defendant agreed smoothly is considered as being favorable to the defendant. It is so decided as per Disposition by taking into account various circumstances, including the defendant's age, character and behavior, environment

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