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(영문) 인천지방법원 2014.03.31 2013고단7470
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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

around 12:40 on October 10, 2013, the Defendant assaulted the Victim E (50 centimeters in length) on the ground that the Victim E (50 years of age) who was faced with, and the Victim was able to feel her, in the front of D in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Whether certain goods of the grounds for conviction under Article 62(1) of the Criminal Act constitute “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act ought to be determined based on whether the other party or a third party could feel a risk to life or body when using the goods in light of social norms.

(Supreme Court Decision 2010Do10256 Decided November 11, 2010). The following circumstances acknowledged in the record are: (i) the Defendant used the instant drone and added the victim’s boat to “I wish to die,” and (ii) the end of the instant drone might have been likely to inflict bodily injury on the victim; (iii) in fact, the Defendant knife the Defendant’s hand with the victim who was the victim; and (iv) in the process of breaking the victim’s hand, the Defendant dracked the victim’s seat and was the victim’s wife. In full view of the following circumstances, the instant DNA constitutes dangerous objects as prescribed by the said Act.

The reason for sentencing is that in light of the content of the instant crime, the relationship between the Defendant and the victim, etc., the nature of the instant crime is not weak and the victim did not agree with the victim. However, the instant crime is committed on the other hand.

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