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(영문) 대전지방법원 2016.06.15 2015고단2113 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

1. On December 23, 2014, when the Defendant was living together with the victim C (V, 45 years of age) even after the divorce, the Defendant sent the victim’s text message message at the lower level as to the amount of the Defendant’s conversations with the female at the preceding night, and the Defendant sent the victim’s face at the time of the receipt of the text message at the lower level, and 2 to 3 times followed the victim’s face at the time of taking care of the victim’s face by taking approximately six months to 2 to 3 times, following the victim’s appearance at the home.

2. Around March 28, 2015, the Defendant: (a) at the same place as above, the victim thought that he was aware of information about the Defendant’s female; (b) asked the victim to find out information about the Defendant’s female; (c) released the victim’s cell phone so that he left the cell phone; and (d) destroyed the shoulder glass, which is a dangerous object; and (e) displayed the victim’s hand in order to prevent the victim from doing so, the Defendant inflicted an injury on the victim, who is in need of approximately two weeks of treatment, to the part of the hand and hand open to the victim.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Partial statement of the witness C;

1. Statement made by the police against C;

1. Application of each medical certificate (Evidence No. 6,9 pages) statute;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

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

1. Article 62 (1) of the Criminal Act in the suspension of execution (including the fact that the injured party does not want the punishment, and the fact that the injured party reflects it);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;