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(영문) 대구지방법원 2008.6.13.선고 2008고단1413 판결

폭력행위등처벌에관한법률위반(상습상해)

Cases

Violation of the Punishment of Violences, etc. Act (Habitual Injury)

Defendant

Kim 00 (7411), State subsidies

Daegu Seo-gu Li-ri 3 Dong

[Attachment-gu, Si, Si, Gyeong-gu]

Prosecutor

Escopia

Defense Counsel

Attorney Lee Sang-hoon (Presiding Justice)

Imposition of Judgment

June 13, 2008

Text

A defendant shall be punished by imprisonment for two years.

One day of detention before this judgment is rendered shall be included in the above sentence.

Reasons

Criminal facts

The defendant is a person who has no certain occupation and is between husband and wife (n, 34 years old), and is a person who helps 00 people to do verbal abuse and violence.

1. On August 1, 2006, the Defendant: (a) 00: (b) 1: (c) 21 August 21, 2006, on the ground that the Defendant did not listen to the horses of drinking in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, about 00, expressed the victim’s bath with his left hand; (d) 3 times the victim’s left knick with his hand; (e) knicking the victim’s head knife by cutting off the victim’s head knife into the room; and (e) drife the victim’s head knife and head knife with each other; and (e) 5 times the part of the victim’s knife that was on the part of the victim’s knife, caused the victim to put about about three weeks in the left knif

2. On November 21, 2007, the Defendant: (a) around 00, around 21:0, at the Seo-gu Seo-gu, Daegu-gu, Seo-gu, about three times the head of the victim was taken three times as drinking on the ground that the victim would suffer from his living expenses; and (b) after the victim was in his panty, the victim was placed on the part of his panty, and then the victim was placed on the part of his son’s son and son’s son’s son and son’s son’s son.

3. On December 29, 2007, at around 30: 08:30, the Defendant: (a) placed the victim’s head at the above defendant’s house in a knife the victim’s head by cutting off the victim’s head, cutting off the victim’s head, cutting it over the room’s body, cutting it over the room’s body, making the head from drinking, and divided the victim’s head into the room’s body, cutting off the part that the victim could not occur; and (b) placed the victim into the room room, and put the victim under pressure of chest sciffing the victim in need of approximately 12 weeks of treatment.

4. On July 13, 2006, at around 00: 00, the Defendant: (a) committed assault against the victim on the ground that the victim’s head was frightened by cutting off the victim’s head, cutting off the victim’s head, cutting off the victim’s head, cutting off the victim’s head, and cutting off the victim’s body frightened by drinking and singinging the victim’s body, on the ground that the victim would be bad.

5. On July 31, 2007: around 00, the Defendant: (a) around 00, at the Defendant’s house in Daegu-gu, the victim did not go to a trial with a religious problem; (b) was frightened by the head of the victim’s head, frightening the victim’s body, frightening the victim’s body, and assaulting the victim.

Accordingly, the defendant habitually injured the victim and assaulted him.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against 00;

1. A certificate of diagnosis of the branch QO;

1. A report on investigation (in relation to attachment, such as an application for counseling), an investigation report (in relation to attachment, such as a written confirmation, etc.), and the application of statutes;

1. Article applicable to criminal facts;

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

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Calculation of days of detention;

Article 57 of the Criminal Act

Criminal domestic violence committed within a family with the reason for sentencing shall not be clearly revealed due to the smuggling thereof.

B. The victim has been exposed to continuous violence and has more serious severity than ordinary violent crimes, so there is a need to cope with such violence, and the victim who has been continuously abused by the defendant has been suffering from the pressure pressure for treatment for about 12 weeks in the end, and thus, it seems that there is considerable obstacle to bringing up two children in the future, and the victim is a severe punishment against the defendant for getting out of the danger of life and body and repeated violence. Nevertheless, the defendant is sentenced to a punishment by taking full account of the following: (a) the victim cannot make any effort to recover the damage of the victim for reasons that he cannot reach the victim; and (b) the victim has been punished against the defendant for getting out of the victim's life and body threat and repeated violence.

Judges

Judges Lee Jae-jin - -