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(영문) 대구지방법원 2015.10.16 2015고단3962

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than 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 is the husband and wife of C, and the victim D(n, 47 years of age) lived with each other for about 8 years, and recently, the victim became doubtful that the other male is living.

On August 4, 2015, at the defendant's house located in Daegu Northern-gu E apartment around 19:00, the defendant's sale "the defendant's house" is the defendant's sale.

(a) The same opening;

1. Along with the following: (a) the kitchen, which is a deadly weapon (25cm in total length, 15cm in total length), was replaced by the part of the victim; (b) the part of the victim’s part of the kitchen, which is a deadly weapon, was violated by the victim’s knife, with the knife of the kitchen, and the part of the victim’s knife in which the victim’s head was life one time with the knife of the kitchen, and the part of the victim’s knife with the part of the kitchen, which is the part of the kitchen, was brue of the victim when the victim’s shoulder and chest part was taken by drinking.

The Defendant, while carrying a kitchen, which is a deadly weapon, inflicted bodily injury on the victim.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police in relation to D;

1. In cases of an investigation report (in cases of attaching a medical opinion) and an investigation report (in cases of a victim’s telephone statement hearing report);

1. Application of video-related Acts and subordinate statutes to standing 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 ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Reasons for sentencing [the range of applicable sentences under law] under Article 62(1) of the Criminal Act (the grounds for sentencing as follows] (the scope of applicable sentences under law] under Article 1 of the Criminal Act: (a) type 1 (special injury by habitual injury, repeated crime injury, repeated crime injury, special injury) (special person) (including special person) or where considerable damage has been restored (including serious efforts for recovery of damage) or considerable damage).