(영문) 인천지방법원 부천지원 2016.06.28 2011고단1049

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Reasons

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자간(%)

(영문) 인천지방법원 부천지원 2016.06.28 2011고단1049

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 29, 201, at around 09:0, Kimpo-si B 402, the Defendant demanded the victim C (41) who lived together with the Defendant to pay the defective amount of one million won borrowed from the Defendant to another place without paying the full amount of KRW 1,00,000,000, and the Defendant demanded the other party to pay the defective amount, and the Defendant had a knife knife (20cm in length, 32 m in length) which is a dangerous object on the knife of the knife, and had the knife knife knife knife knife knife knife knife knife knife knife knife.

As a result, the Defendant, who was unable to know the number of days of treatment, committed a part of the arms with which the victim could not know.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Photographss of damaged parts, seized objects and photographs;

1. Application of the statutes regarding seizure records, list of seizure, and evidence;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime of this case is committed by carrying dangerous articles and causing bodily injury, and there is no record of criminal punishment, such as that there is no record of criminal punishment, the degree of injury of the victim is not significant, and the victim does not want the criminal punishment of the defendant at the time of investigation by the police.

The sentencing factors, such as the statement, etc., and all other circumstances revealed in the records of this case, such as the circumstances after the crime of this case, shall be determined the same as the disposition.

참조조문

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