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(영문) 인천지방법원 2013.07.16 2013고단2746
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

At around 00:10 on May 20, 2013, the Defendant laid a disturbance, such as destroying beer and beer, on the ground that the business owner E, who was in a fluent relationship within Bupyeong-gu Incheon Bupyeong-gu, was found to avoid one’s contact, and was faced with a disturbance, such as destroying beer and beer, and the victim F (V, 47 years of age) is considered to be “drash,” and the victim F (V, 33cm in length) was flick, which is a dangerous object prepared in advance for the reason that the victim would be flick, and the victim was 20cm in total length and flick, whose number of days of treatment could not be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Records of seizure and the list of seizure;

1. A certified copy of medical records;

1. Application of each statute on photographs;

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 (in light of the circumstances and methods of the crime committed by the defendant, such as holding his knife and knife his knife in E, etc., it is inferior in light of the circumstances and methods of the crime, but it appears that the defendant confessions the crime and repents the mistake, the degree of injury to the victim is not excessive, the victim's deposit amount of KRW 2 million for the victim, and the defendant has no criminal record exceeding the fine after the suspension of the execution of the sentence in around 1979, etc.);

1. Article 62 (1) of the Criminal Act for a suspended execution (resumed normal conditions favorable to the preceding);

1. Article 62-2 of the Criminal Act on Probation;

1. Article 48 (1) of the Criminal Act of confiscation;

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