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(영문) 인천지방법원 부천지원 2015.09.11 2014고단939

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

The accused is in the marital relationship with the injured party C (mast, 47 years of age).

At around 01:00 on January 22, 2014, when the defendant was frighted to the face of the victim and frightened by a frighter who is a dangerous object to be used far away from the defendant's residence without any justifiable reason, the defendant was frighted to the victim's face and frighted by the victim and his/her wife with a kitchen knife, which is a dangerous object to the defendant's use of the defendant's assault in his/her kitchen, and as he/she was frighted by the victim and his/her wife, the victim's face and the fright of the victim were frighted.

As a result, the Defendant carried dangerous things with the victim and inflicted multiple injuries, such as an inner part, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Photographs of damaged part of the victim;

1. A complaint;

1. Application of Acts and subordinate statutes to report on investigation (reports on hearing statements by victims);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) of the suspended sentence is [the scope of recommendation] the mitigated area (one year and six months to two years and six months), the mitigated area (one year and six months to one year and six months), the penalty not (including a serious effort to recover damage), or the recovery of considerable damage (the decision of sentence) of the suspended sentence (the decision of sentence). The decision is made in full view of all the reasons for sentencing as follows.

- Unfavorable circumstances: The injury was inflicted on the victim in knife of the main sentence of the dangerous thing, the damage was not recovered properly, and the nature of the crime is not good in light of the content of the crime in this case; the favorable circumstances are agreed with the victim; the confession of the crime is an contingent crime; and the amount exceeds the fine.