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(영문) 인천지방법원 2015.04.30 2015고단1550
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On February 4, 2015, at around 22:41, the Defendant: (a) requested the victim D (hereinafter “EM”) in Dong-gu Incheon Metropolitan City, Dong-gu’s “EM (hereinafter “SY”) to return to the end of the funeral,” and (b) asked the victim to perform the alcohol by holding the victim as it is, “whether he was on credit or why he would not drink.” However, the Defendant was able to look at the Defendant’s flick, and carried the Defendant’s flock toward the entrance, carried the Defendant’s flick, pushed the Defendant’s flick, carried the Defendant’s flick, carried the Defendant’s flick, and carried the flick.

During that process, the Defendant collected the kitchen knife, which is a deadly weapon on the floor of the victim, and 23cc in the entrance, the kitchen knife, which is a dangerous weapon on the part of the victim. The Defendant knife the victim, and her knife "Se, the knife, the knife" and "the knife, the knife of the victim." However, the Defendant showed the attitude of knifeing the victim's chest with the above knife, but the Defendant tried to set up against the victim's arms knife on the floor without drinking the victim's knife, and followed the victim's arms on the right side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement concerning D and F;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. Criminal tools and photographs;

1. Application of the legislation in its opinion;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., reflects the depth of a crime, and considering the fact that the victim is not subject to the punishment of the defendant), [the scope of recommending punishment] the mitigation area (i.e., type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodily Injury and Special Injury), (i.e., from June to two years), the mitigation area (i., June to six months), the exemption area (including special mitigation), or considerable damage restoration (including efforts to recover damage), the defendant is a person who can have been convicted before violence.

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