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(영문) 인천지방법원 부천지원 2014.12.12 2014고단2784
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

except that 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

The defendant and C are relationship between C and C, and the victim D(21) are between C and C.

On September 6, 2014, the Defendant: (a) received a telephone call with respect to the indecent act by the said Defendant against the said victim; (b) went ahead of the “F” operated by the said victim at Kimpo-si, Kimpo-si, Kimpo-si; and (c) taken the food blade (35 cm in total length, 25 cm in length) in front of the “F” operated by the said victim at Kimpo-si, Kimpo-si, Kimpo-si; and (d) taken the knick onto the knick hand, which is a dangerous thing in front of the front door of the newspaper, and went up with the said victim.

Therefore, while the above victim went behind the defendant by walking the her clothes of the defendant, the defendant again brought the knife knife to the knife, and continued to use the knife to the above knife G (20 years old) with the victim G (20 years old).

Summary of Evidence

1. The police statement of D or G;

1. Bridges and photographs;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 260 (1) of the Criminal Act;

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration to the absence of any record of punishment heavier than a fine);

1. The defendant and his defense counsel asserted and held the suspended sentence under Article 62(1) of the Criminal Act, that the defendant and his defense counsel asserted that they were in a state of mental disorder or mental disorder as they did not have good health at the time of committing

According to the records, even though the defendant complained of symptoms, such as degradation of memory and depression, etc. after he was involved in a traffic accident, in light of the background leading up to the crime of this case, the means and method of the crime, and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant was in the state of mental disorder or mental disorder at the time of the crime of this case. Thus, this part of

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