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(영문) 인천지방법원 2014.10.16 2014고단4765
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On October 10, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. by the Incheon District Court, and completed the execution of the sentence in the Incheon Detention House on August 13, 2013.

From August 2013, the Defendant was an employee in the Nam-gu Incheon Metropolitan City D and the first floor E restaurant operated by the victim C (50 years of age) from around August 2013, and as the ordinary victim neglected himself and did not exercise violence and pay wages properly, the Defendant was dissatisfied with the victim.

On July 5, 2014, at around 00:30, the Defendant asked the victim to walk the phone to lend 100,000 won by leaving the phone, but the victim tolded that he would be waiting at the restaurant while waiting for the restaurant, and then put the knife knife (15cm in knife length) in Australia, which is a dangerous object in the warehouse to set up against the victim.

피고인은 같은 날 01:30경 위 식당 앞길에서, 피해자가 ‘야 너 이새끼, 돈이 어디에 필요해서 10만 원을 빌려달라고 하느냐’고 윽박지르며 평소 피고인이 잠을 자던 2층 사무실 열쇠를 내놓으라고 하자 또다시 피해자로부터 무시당한 것에 화가 나, 우측 바지주머니에 넣어두었던 칼을 꺼내들고 피해자의 오른쪽 등 부위를 사선으로 1회 찌르고, 피해자가 주변에 있던 의자를 휘두르며 저항하자 칼을 휘둘러 왼쪽 어깨, 왼쪽 옆구리, 왼쪽 팔꿈치 등을 찔렀다.

As a result, the defendant carried dangerous articles with the victim and inflicted injury on the victim, such as blood air vegetable symptoms, which are open within the chests that require treatment for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Records of seizure, the list of seizure, evidence of seizure, and photographs;

1. Investigation report (the victim's relative investigation diagnosis report and the injured part, and the case accompanied by a photograph of the criminal implements);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Criminal facts;

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