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(영문) 인천지방법원 2014.09.22 2014고단4497
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On June 26, 2014, around 11:30, the Defendant: (a) thought that a victim’s name in the street of Bupyeong-gu Incheon, Bupyeong-gu, Incheon would not turn on the street; and (b) assault the victim by taking one time the head of the victim’s head was flick and taking one time the head of the victim’s head was flick.

2. Violation of the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) (hereinafter referred to as 50 years old), the Defendant collected 1 knife a knife ( approximately 15.5cm in total length, approximately 6.5cm in knife length) and put the victim E, a knife, who was a knife and passed by the knife, to the right side of the treatment days, on the ground that the knife does not unbife the knife after the commission of the crime 1.1.

Accordingly, the defendant, while carrying a deadly weapon, inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and G;

1. Seizure records;

1. The defense counsel's assertion as to the defense counsel of the damaged party's photograph is alleged to the effect that the defendant had reached the crime of this case in a state of mental disorder or mental disorder caused by coercion disorder, etc. Thus, according to the records, it can be acknowledged that the defendant has undergone mental treatment for a long time due to the disorder caused by coercion disorder, etc., but it cannot be deemed that the defendant reached the crime of this case in a state of changing things or lacking ability to make decisions. Thus, the above assertion by the

Application of Statutes

1. Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning the crime;

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

1. Article 53 of the Criminal Act for discretionary mitigation.

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