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(영문) 대구지방법원 서부지원 2013.10.22 2013고단1009

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:38 on July 28, 2013, the Defendant suspected of the Defendant’s wife E (the age of 41) in the “D” restaurant operated by the Defendant in Daegu-gun: (a) and caused influencing with each other, the Defendant laid the victim’s body, laid the Defendant’s breath, laid the victim’s hair over the floor, towed the victim’s head breath, towed the victim’s head breast with the head blue; (b) followed the victim’s head blue; and (c) flue the victim’s head blue; and (d) followed the victim’s escape from the Defendant to the right hand hand of the victim, which is a dangerous thing at the place where the escape was defective, led the victim to approximately four weeks of the victim’s right hand over the right flue in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of each medical certificate and Acts and subordinate statutes governing victim photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da15488, Apr. 1, 201; Supreme Court Decision 201Da1448, Apr. 2, 201

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

1. Probation order shall be decided as per the Disposition for not less than the reasons under Article 62-2 of the Criminal Act;