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(영문) 인천지방법원 2015.08.13 2015고단3624
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:40 on May 17, 2015, the Defendant was disputing with the victim D (Woo, 39 years of age) who is the wife in the Nam-gu Incheon Metropolitan City, Seoul, about 04:40 on May 17, 2015, the Defendant collected cleaning equipment, which is a dangerous object to the victim E (Woo, 36 years of age) of the victim D, to fit the victim E’s chest, and continued to use two kitchen knife (32cm in length, 30cm in length) which is a dangerous object in the kitchen, and displayed the victims towards the victim.

Accordingly, the defendant carried dangerous articles and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to photographs of the damaged site and knives used by the suspected person;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) and a violation of the Punishment of Violence, etc. Act (a crime of violence, such as a collective crime, a deadly weapon, etc.) against the victim E

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] Crimes of Type 6 (Habitual Offense, Cumulative Offense and Special Violence) / [Special Mitigation (Aggravated Punishment)] / In a case where a person commits a crime by the power of a group or a majority, or by carrying dangerous things (a decision of sentence] / Where a person commits a crime by carrying two kitchen knife and carrying a dangerous things / there is a very high risk of assaulting two victims. There is no same power, but there is a criminal record of a fine of 6 times, each agreement has been reached with the victims, the defendant's age, character and conduct, environment, and other motive and behavior leading to the crime of this case.

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