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(영문) 인천지방법원 2015.11.12 2015고단5771
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 37) have become aware of since 2 years.

1. On February 16, 2015, at around 05:15, the Defendant damaged the Defendant’s husband’s house with the victim under the influence of alcohol. Since then, the Defendant was aware of the relationship between the victim and the husband who did not receive a telephone, and found the victim’s house located at the victim’s house located at No. 2, 1115, Jung-gu, Incheon, Jung-gu, Incheon, and broken the victim’s house hallway (a.e., 70cm x 45cm x 45cm m).

Accordingly, the defendant damaged the victim's property equivalent to the market price of 200,000 won.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) entered the said victim’s house at the same time and at a place as paragraph (1) and brought about a dispute with the victim. However, the Defendant was in the direction of the victim’s face by gathering the windows, which are dangerous objects of breaking as above (a 5cm x 4cm x 2cm in length, 2cm in thickness) and was in the direction of the victim’s face, and caused the victim to inflict bodily injury, such as tear tear, etc. for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each on-site photograph, part of the injury, and written diagnosis of injury;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Class I crime (Offense of Violation of the Punishment of Violences, etc. Act (Determination of Punishment of Violences, etc.) [Determination of Punishment] Offense; Habitual Injury, Bodily Injury, and Special Injury (Habitual Injury, Bodily Injury, Bodily Injury): Types 1 (Special Bodily Injury, Bodily Injury) - mitigated element: In the mitigated area of punishment not [Determination of recommended area]: Imprisonment with prison labor for a year and six months to two years and six months;

2. Second Crime (Crime of Destruction and Damage of Property) (Determination of Punishment).

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