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(영문) 인천지방법원 2015.11.11 2015고단4742
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for 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

At around 23:00 on July 23, 2015, the Defendant: (a) took the address of the victim E (20 years of age) who was born from the Defendant’s house located in Jung-gu Incheon, Jung-gu 3 201, Jung-gu, Incheon; (b) taken the address of the victim E (20 years of age) and opened the Defendant’s house entrance; and (c) took the kitchen’s kitchen (28cc in total length, 16cc in daily length) which is a dangerous thing in the kitchen; and (d) took out and taken the kitchen’s kitchen (28cc in total length, 16cc in total) which is a dangerous thing in the kitchen, and took out and taken out the kitchen and the victim, “I have stolen it to the Defendant’s house, kneked, kneneked, kneked, kneked.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] The following shall be taken into consideration: (a) the basic area (6 months to 10 months), the basic area (6 months to 6 months and 10 months) [no person who has been sentenced] [decision of sentence] and there is no criminal record after 1999; (b) the fact that one’s mistake is recognized and reflects his fault; and (c) the fact that the victim was deposited as the victim on October 13, 2015, and deposited KRW 50,000 as the victim on October 13, 2015, etc. under favorable circumstances; and (d) the fact that the nature of the crime is not good in light of the circumstances of the crime, method of the crime, etc.; and (e) the punishment is determined as ordered within the scope of the recommended sentence, taking into account the defendant’s age, character and behavior

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