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(영문) 인천지방법원 2013.11.14 2013고단5888
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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

On August 13, 2013, at around 23:45, the Defendant: (a) sent a door to the victim D (30 years of age) who was sitting and drinking in front of the packaging flaps in Jung-gu Incheon Metropolitan City, and went back to the surrounding area; (b) sent the victim D to the front of the above public parking lot; and (c) threatened the victim D with a dangerous object that was laid to the flag between the vehicles, such as a dangerous object that was laid to the flag, and threatened the victim D with the victim D, “C knife, knife, knife”.

계속하여 피고인은 위 칼을 빼앗으려는 피해자 E(30세)과 함께 바닥에 넘어져 뒹구는 과정에서도 위 칼을 놓지 않은 채, 피해자 E의 우측 허벅지 및 엉덩이 부위를 위 칼로 1회씩 찔렀으며, 다시 일어나려는 피고인에게서 위 칼을 빼앗기 위해 피고인의 팔을 붙잡은 피해자 F(29세)의 얼굴을 주먹으로 때리고, 피해자 F와 함께 바닥에 넘어진 후에도 위 칼을 놓지 않고 뒹굴면서 피해자 F의 우측 팔 부위를 위 칼로 찔렀다.

As a result, the Defendant carried dangerous objects and threatened the victim E with the injury of the victim E, leaving the right side and leaving the heat with approximately two weeks of medical treatment, and getting the victim F to the right side side of the treatment days, and getting the victim F abscopia in need of medical treatment for about two weeks of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect with respect to E or D;

1. Statement of each police statement related to F and G;

1. Records of seizure and the list of seizure;

1. Application of each injury diagnosis certificate, each photographic statute;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles); Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous articles);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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