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(영문) 인천지방법원 2015.08.27 2015고단3123
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

When the Defendant’s wife G (H prior to the opening of name) operated a livelihood store in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu 10 years prior to the Defendant’s operation, the Defendant considered that the above K did not recognize the ownership of the old store and did not pay user fees to the victim while the dispute with the son of the victim J (Y, 60 years old) who is currently operating the old store in relation to the payment of ownership and user fees for the old store board that was installed on the road.

On May 18, 2015, at around 13:34, the Defendant found the victim’s M in Bupyeong-gu Incheon Metropolitan City L, and told the victim to purchase the above street board or pay the user fee, but the victim refused to purchase the above street board. However, he saw the knife, which is a dangerous object prepared in advance by the victim's refusal to use it, and then cut the knife onto the victim’s body with his left hand, and threatened the victim’s face and part of the ship with a knife.

After that, the defendant continued to spawn on a hand with a knife knife, left hand, left the floor, cut down the part of the victim's knife which is used as the ground floor in the process, and threatened the victim with the knife knife, knife in the part of the victim's knife and knife as the knife.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as brain, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the Prosecutor's Office;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) 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. Social service order under the Criminal Act;

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