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(영문) 인천지방법원 2016.03.16 2015고단6685

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant and the victim C (ma, 54 years old) are marital relationships.

On June 8, 2015, at around 20:30, the Defendant, at his own residence of Seo-gu Incheon, Seo-gu D, 501 Dong 1005, the Defendant inflicted an injury on the victim, by using the knife knife (35cm in total length, 22cm in length) of the kitchen, which is a dangerous object in the kitchen, due to the victim's resistance to his external problem, in hand, brought the victim over the floor, and then getting off the back, head, etc. of the victim who is up to the sloped, and then step off the victim's back, head, etc., which requires approximately two weeks of care.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Colors for kitchens, photographs of damaged parts, etc.;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the primary offender, the fact that the defendant is the first offender, the fact that the defendant has agreed with the victim, the fact that the victim has been divorced from the victim (the Incheon District Court 2015 D. 2015 D. 9165). On the other hand, the crime of this case is not good, and the fact that the defendant has exercised domestic violence for a long time, and the fact that the defendant has exercised various sentencing factors