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(영문) 인천지방법원 2013.11.21 2013고단6689
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 5, 2013, the Defendant: (a) around 08:10 on February 5, 2013, the Defendant: (b) was breading in an envelope containing breath in the “Dock store” operated by the victim C, Namdong-gu Incheon, Incheon; (c) was breading the breath of the breath in a breath in which the breath was in possession of the breath; (d) was putting the breath in the floor of the breath; and (e) damaged the breath of the breath in a way that the breath was unable to sell the breath in an amount equivalent to KRW 1.50,00 in the market price; and (e) was breading the breath of the said breath

As such, the Defendant damaged the property owned by the victim.

2. The Defendant violated the Punishment of Injury and Violence, etc. Act (Intimidation, such as collective weapons, deadly weapons, etc.) at the same time and time as set forth in paragraph (1), and at the same place, the Defendant intending to flee after having committed the above act by the victim’s hand, takes knife a knife (12 cm in knife) that is a dangerous object in the main room, and the Defendant flifeed the victim with a knife.

The Defendant, as such, committed an injury to the victim, resulting in climatic salt, etc. requiring treatment for about two weeks, and threatened the victim by carrying dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

1. Adjustment of details of damage, and application of Acts and subordinate statutes on receipts;

1. Relevant Article of the relevant Act on the Punishment of Violences, etc. and the selection of a punishment: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 283 (1), 257 (1), and 366 of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: The fact that there is no criminal record heavier than a fine imposed on the accused under Articles 53 and 55(1)3 of the Criminal Act, the fact that the accused reflects his depth, and the defendant commits a contingency in the influence of alcohol;

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