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(영문) 인천지방법원 부천지원 2014.05.14 2014고단313
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

[2014고단313] 피고인은 2014. 1. 9. 17:20경 부천시 소사구 C에 있는 ‘D’ 주점에서 피해자 E(49세)가 자신을 상대로 민사소송을 청구한 일로 말다툼 하던 중 화가 나 위 주점의 주방에서 위험한 물건인 주방용 칼을 들고 나와 손에 쥔 채로 주먹과 발로 피해자의 얼굴을 여러 차례 때려 피해자에게 약 4주간의 치료가 필요한 치아의 아탈구상 등의 상해를 가하였다.

[2014dan428] On February 18, 2014, the Defendant: (a) around 01:55, the Defendant: (b) the victim H, a business proprietor, of G Garan-gu F, Seocheon-si, demanded the Defendant’s daily behavior to go at the main shop; (c) the Defendant: (d) the beer who was placed on the tables; (d) and (e) the beer who was placed on the tables; and (e) caused the damage to KRW 120,00 of the repair cost by impairing the monitoring of the musical devices owned by the victim; and (e) the Defendant caused the damage to KRW 120,00 of the repair cost by spreading the monitoring volume.

Summary of Evidence

[2014 Highest 313]

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. A medical certificate;

1. Damage photographs;

1. A criminal investigation report (recording CD) and a transcript of the CD (2014 high group428);

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Photographs of damaged articles;

1. Application of the written estimate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. The defendant and his defense counsel asserted that there was no fact that the defendant carried the knife for the main purpose at the time of causing injury to the victim E in relation to the crime of this case as to Article 62-2 of the Criminal Act of probation and community service order and the defense counsel's assertion.

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