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(영문) 인천지방법원 부천지원 2015.12.09 2011고단1329
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 2, 2010, at the defendant's house located in Seocheon-gu D apartment 101, Seocheon-gu, Seocheon-gu, Seocheon-gu, D apartment 101, the defendant was punished for suicide, but the victim was found and the victim stopped.

On April 3, 2010, the following day, at around 07:20 on April 3, 2010, the Defendant asked the victim to have a certain answer, but the victim did not properly respond to the preparation for the attendance at work, thereby threatening the victim by putting the knife (18cm in blade length) of the Defendant’s house clock on his hand, and by stating that “the victim was “the knife.”

When the Defendant continued to attend the company, the Defendant assaulted the victim’s face face, etc. due to drinking and spawn, and applied the victim’s knife to the lower part of the victim’s knife.

이에 피해자가 회사에 출근하지 않겠다고 피고인을 달래자 피고인은 일단 피해자에게 들이댔던 칼을 내려놓았으나, 피해자가 친구에게 문자를 보내기 위하여 핸드폰을 집어드는 것을 보고서 피고인은 다시 오른손에 위 칼을 들고서 피해자에게 “너 죽고 나 죽자.”라고 말하면서 왼손으로 피해자의 머리와 얼굴 부위를 때렸다.

In this respect, the defendant carried dangerous objects and assaulted other persons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E;

1. Application of video-related Acts and subordinate statutes to photographs;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The instant crime is dangerous to his/her female-child group.

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