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(영문) 인천지방법원 2013.10.24 2013고단6055
폭행등
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

1. Around 06:50 on September 3, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.), carried out food blades (30cm in total length, 18cm in knife length) (18cm in knife length) that was dangerous for the victim C from the 8th corridor of the Nam-gu Incheon Nam-gu Btel, Incheon to 813. Around September 3, 2013, the Defendant invaded the victim’s residence by taking away the knife (80cm in total length, knife, knife, knife, knife, knife).

2. Along with the above Act on the Punishment of Violences, etc. (a group, deadly weapons, etc.), the Defendant had knife a knife, which is a dangerous object, and had expressed the attitude of knife the victim.

3. Violation of the Punishment of Violences, etc. Act (a crime of property damage, such as a group or deadly weapon) continues to exist at the above time and place, and in the process of threatening the victim to enter the victim’s residence and threatening the victim, the Defendant destroyed the victim’s mastru and damaged the victim’s mast to require repair cost by walking the computer owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of each statute on photographs;

1. Article 3 (1) or 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 319 (1), 283 (1), and 366 of the Criminal Act concerning the crime;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the fact that the defendant reflects the fact, the fact that the defendant agreed with the victim, and the extent of each damage);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Community service order: It shall be decided as ordered for the reason under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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