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(영문) 수원지방법원 평택지원 2014.08.07 2014고단702

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2014, the Defendant assaulted the victim on the ground that the victim, at his own house located on Pyeongtaek-si C2 level, she was boomed to her own rice bedb, not on the urbed rice blurb, etc., on the ground that the victim, who was wife, was flured at his own house on the 2nd floor of Pyeongtaek-si, and was flurd to the victim, by using the victim’s right flurb and walking one time at his own right flurb, due to the flurb, the victim’s head was flurged once due to the flurb, and the victim’s head was flurged, which is a dangerous object in the main room (19cm in total length,

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to excessive photographs and investigation reports (the Eline Survey for Victims' Children);

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 62 (1) of the Criminal Act;

1. The crime of this case committed with a deadly weapon for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order by citing excessive amount of criminal punishment, which is a deadly weapon, for the reason that it is difficult to easily understand the victim who has been divorced once due to domestic violence committed by him/her, and thus, the crime of this case committed by him/her is extremely poor in its nature and thus requires strict punishment against the defendant. However, the victim who believed the defendant's words that he/she would not be subject to recidivism again desires to keep the defendant's wife from committing a second offense, shall be placed in preference at once. However, in consideration of the defendant's age, character and conduct, family relationship, health condition, conditions after the crime, etc.,