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(영문) 인천지방법원 2013.08.14 2013고단1407
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Seized evidence No. 1 shall be confiscated.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

On February 16, 2013, at around 21:45, the Defendant used a knife knife (31cm in total length, 19cm in knife length) which was a deadly weapon at his own home, which was used by the Defendant in front of the 131th Youth Center, Nam-gu Incheon, Incheon. On February 16, 2013, the Defendant found the victim D (16 years of age). After the knife knife knife part of the above knife, which is a deadly weapon, knife of the victim, brought about approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on seizure records, list of seizure, photographs of seized articles, medical certificate of injury, and reply to requests for Kim Jong-Un;

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. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is that the defendant has a knife, a deadly weapon, from part of the defendant's house in order to put the victim and his/her behaviors or inflict an injury. Thus, contingent crimes cannot be committed. The victim and his/her behaviors are juveniles of the age of 14-16, and the defendant has already been punished by violence and violence on several occasions, and there are two times of history of punishment, etc.

However, there shall be favorable circumstances that have agreed with the victim, and other general sentencing grounds shall be determined in the same way as the order shall be taken into consideration.

Part of innocence [Violation of the Punishment of Violences, etc. Act (collectively Assaulted Crime)]

1. On February 16, 2013, at around 21:45, the Defendant: (a) took a knife knife (19cm in total length, 31cm in 19cm in knife); (b) discovered the Defendant who used the knife and knife the knife, followed by the victim who escaped. (c) On February 16, 2013, the Defendant used the knife knife knife knife knife knife knife knife knife knif

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