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(영문) 서울남부지방법원 2013.11.29 2013고단3671

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the victim C (math, 37 years of age) and the husband's death.

At around 20:40 on October 7, 2013, at the defendant's house located in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu, the defendant: (a) at the defendant's house located in Geumcheon-gu Seoul Metropolitan Government, he saw the victim's face at his seat; (b) collected the sponser's disease, which is a dangerous object that had been located therein, to the victim; and (c) continuously conducted an inspection on the part of the sponse of which the number of treatment days cannot be known to the victim, by continuously sealing the sponser's disease on the part of the victim's item, and taking the sponser's body (25cm in length) which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order shows that the Defendant, at the end of a married fighting match, injured the wife as a main illness, which is a dangerous object to the victim, and the degree of violence used by the Defendant was significant, and accordingly, was subject to a provisional injunction from access by the court.

On the other hand, the defendant agreed with the victim only, and there was no previous conviction since 1996, and other factors such as the risk of recidivism shall be comprehensively considered to determine the same punishment as the order.