폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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.
Punishment of the crime
1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등) 피고인은 2013. 10. 15. 21:15경 이혼(2012. 7.경 이혼)한 피해자 C(여, 49세)의 주거지인 경기도 고양시 덕양구 D, 301호(E빌라)에서, 피해자가 전화를 받지 않는다는 이유로 화가 나, 냉장고, 컴퓨터 등을 밀어서 넘어뜨리고, 부엌에 있던 흉기인 과도로 피해자 소유의 가죽 소파를 수회 찔러 찢어지게 하고, 싱크대를 수회 내리쳐 움푹 파이게 하였다.
The defendant, carrying a deadly weapon, thereby damaging the victim's property.
2. Around 22:20 on October 15, 2013, the Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) committed an act in violation of the preceding paragraph, and around 22:20, the Defendant: (a) destroyed property, such as the preceding paragraph, and waited for the victim by making excessive use of a deadly weapon; (b) the victim C and ASEAN, who returned home, discovered the Defendant; (c) estimated the degree of 100 meters by the escapeer; (d) laid the victim before G hospital; and (e) took the victim in excess, she expressed that “C and ASEAN,” who was in the state of transition, she threatened the victim with a brush, and she took the victim’s hand so that the victim may not escape; and (e) made the head part, etc. of the flad.
The defendant, carrying a deadly weapon, assaults the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement regarding C;
1. Photographs related to the case;
1. Application of Acts and subordinate statutes to investigation reports (H currency reports and victim currency reports);
1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act (the occupation of an act of assaulting carrying dangerous objects); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of destroying and damaging dangerous objects) concerning a crime;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;