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(영문) 인천지방법원 2012.11.28 2012고단10611
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 7, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed sexual traffic at around 00:23, 2012, the Defendant was forced by the victim D (the age of 29) who is the main owner of the Seo-gu, Seo-gu, Incheon Central Health Center of the 246-1 Seo-gu, Seo-gu, Incheon to engage in sexual traffic, and was forced by the victim D (the age of 29) to engage in sexual traffic in front of the Seo-gu Public Health Center of the Seo-gu, Seo-gu, Seo-gu, Seodong, Seo-gu, Incheon. In advance, the Defendant met the face of the victim E (the age of 80cm) who was in possession

As a result, the Defendant carried a dangerous wood autopsy and carried about about 21 days to the victim E, and put the body body part around the victim D in need of treatment for about 6 weeks, respectively.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) destroyed the repair cost of KRW 290,000,00, by breaking the above neck (the total length of 80cm) which is a dangerous object not to do so at a time and place, such as paragraph (1).

In this respect, the defendant carried a neck, which is a dangerous object, and damaged the victim D's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Statement of each police statement of E and D;

112. Request for provision of the results of processing the 112 Report, and on-site CCTV photographs;

1. The police seizure report and the list of seizure;

1. Each injury diagnosis letter;

1. Application of the statutes on estimated receipt

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (a normal consideration favorable to the defendant, such as the fact that the defendant was detained for 30 days in prison, and that there was a reflective error, that the defendant agreed smoothly with the victims on November 15, 2012, and that there was no criminal record of a stay of execution or more)

1. Suspension of execution;

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