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(영문) 인천지방법원 2015.10.29 2015고단5520
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 18:08 on April 28, 2015, the Defendant: (a) heard the victim E (the age of 40) and the victim’s horse that it is difficult to make a repayment from the victim while disputing the claim and debt relations; (b) demanded the victim to pay the kitchen, which is a deadly weapon in the main room of the victim; (c) and (d) demanded the victim to do so. In order to prevent the victim from suffering from the defect in drinking, the Defendant laid down the victim’s flabbbage, which requires the victim’s treatment for about two weeks.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure, CCTV photographs, and written diagnosis of injury;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] Violence. Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury) (Special Bodi Bodily Injury): In the mitigated area: In the mitigated area of minor injury [Determination of the recommended area]: Imprisonment with prison labor for a year and six months to two years (whether suspended sentence is suspended or not] - In the case of a crime with a negative deadly weapon or other dangerous articles: In the case of a major reason for major reference: a positive injury - there is no effort to recover adverse damage - there is no positive contingency, or no criminal record above the suspended sentence. [Determination of the sentence] The above sentencing element and the victim did not repay KRW 1 billion borrowed from the defendant, and there are some circumstances that can be taken into account in the occurrence of this case, such as arbitrarily cancelling the right to collateral security established against the defendant with money as above, and it is due to a deadly weapon.

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