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(영문) 수원지방법원 2013.07.05 2013고단69

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 2002, the Defendant was the legal couple by marriage between the victim C (n, 39 years of age) and the victim C (n, 10 years of age), E (n, 7 years of age) and the victim F (n, 12 years of age).

In order to raise living expenses, etc., the defendant was not able to reach a approximately 80 million won due to economic problems, such as sharing a debt between the victim and the victim.

At around 08:30 on May 2012, the Defendant: (a) in the dwelling of the Defendant in Suwon-gu, Suwon-si, Suwon-si, the Defendant: (b) requested the divorce of the victim due to economic problems arising from debt with the victim; (c) her children want to move together with the victim; (d) her son and her son would live together with the victim; (c) her knick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-

Summary of Evidence

1. Statement to the effect that the defendant has taken place a victim at the time and place set forth in this Act;

1. Application of the Act on the Legal Statement of Witness C

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant has agreed with the victim, that the victim has not been punished by the defendant, that the defendant has divided his/her mistake, that the defendant has no other penalty power in addition to the fine once, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the preceding);

1. The dismissal of prosecution under Article 62-2 of the Criminal Act

1. Summary of the facts charged

A. The Defendant, on June 24, 2012, committed assaulted on June 24, 2012, was the victim C, the father of the victim, and the second husband and wife of the victim in the Defendant’s residence located in Suwon-si G around June 24, 2012.