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(영문) 인천지방법원 부천지원 2013.09.27 2013고단2566
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 became final and conclusive.

Reasons

Punishment of the crime

Defendant

A, with Chinese nationality, in collusion with Co-Defendant C (Separation of pleadings), around 17:40 on August 3, 2013, after drinking alcohol at E’s drinking house located in Kimpo-si, Kimpo-si, Kimpo-si on the ground that drinking alcohol was done with the victim F (F) who was on the next table 32 years of age) and drinking water was done, the above C was satisfing and sating the victim’s body by double hand, and attached the victim’s body. Defendant A 5 to six times away from the head part of the victim’s body, and continued entering the kitchen, and knife, which is a deadly weapon (16 cm a day) in his body and part of the victim’s body and threatened the victim with the number of days of treatment by threatening the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Police suspect interrogation protocol regarding C;

1. The statement of each police officer made to F and G;

1. Application of statutes, such as site photographs;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., that the victim does not want punishment against the defendant A because he/she was agreed with the victim, and that he/she first commits a crime and commits a misunderstanding against the defendant A);

1. Article 62 (1) of the Criminal Act (Reexamination of these circumstances in the front);

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