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(영문) 인천지방법원 2013.04.17 2013고단1043
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 16:45 on December 25, 2012, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.), franchising a meal with the victim G (the age of 40) in the F restaurant, Seo-gu, Incheon, Seo-gu, Incheon, while franchising a dispute with the victim G, and cutting down a snife, which is a dangerous object on the table of that place, and cutting down a snife, so that the victim’s left eye is broken up, and kniffs a part of the victim’s eye by spreading so far into the table.

As a result, the defendant carried dangerous things and inflicted injury on the victim such as the heat and the heat in the jurisdiction of snow on the earth that requires treatment for about four weeks.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the same time, at the same place, and at the above time and place, immediately after the injury to G was inflicted on G, broken the shoulderer’s disease, which is a dangerous object, due to not being released immediately after the injury was inflicted on G, and broken the glass window equivalent to 200,000 won in front of disinfection or disinfection.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to G, H and I;

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

1. On-siteCCTV image photographs;

1. Application of medical certificates, opinions, and Acts and subordinate statutes concerning medical records;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the injured party is a prior wife, contingent crimes, and no previous conviction other than fines);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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