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(영문) 인천지방법원 2013.09.12 2013고단4963
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)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

The Defendant is a person who was living together with the victim C (year of age 51) and a around one year, and was employed as a first policeman on December 2012.

1. Around July 3, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) caused damage to property that amounting to KRW 984,683,683, repair cost, by gathering the boundary angle (20 cm x 15 cm) of the object dangerous in front of the passenger car, the victim was not opened the house door at the D apartment Radong parking lot, Seo-gu, Incheon, Seo-gu, Incheon.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) at the same time, at the same place and place as Paragraph (1). As the said victim prevented himself/herself, he/she embling him/herself with father or her bather hand, fating him/her with father, and fating him/her with father, and fating a shoulder-type light (20cc in length) which is a dangerous object as the victim gets out of the Defendant, thereby displaying him/her a shoulder-type light (20cc in length) which

Accordingly, the defendant suffered injury to the victim, such as the right side of the left side of the victim requiring treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury and written estimate;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of an injury by carrying a deadly weapon);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is led to the crime and is against the victim; that the victim does not want the punishment of the defendant due to the agreement with the victim; and that the defendant has no criminal record exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

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