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(영문) 부산지방법원 2013.04.24 2013고단1222

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

1. The defendant shall be punished by imprisonment for two years;

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

Reasons

Punishment of the crime

1. On February 9, 2013, around 20:10, the injured Defendant: (a) while drinking alcohol at the Defendant’s house (C 111-dong 701 and 701 in Busan Northern-gu; (b) while drinking alcohol with the victim D (at the age of 48) who is the wife; (c) was in a conflict with the victim; (d) took a bath; (b) was boomed twice the victim’s buck with the hand floor; (c) was sleeping the head debt; and (d) was slicking the victim’s head by drinking, the injured Defendant sustained the victim’s face with which the victim’s treatment period cannot be ascertained.

2. On February 12, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) was in dispute with the said victim due to the same place as before and after around 04:10 on February 12, 2013, on the grounds that he was unable to punish money without a certain occupation, and thereby, he thought that the victim would disregard himself, and the victim was able to have knife a knife (28.5 cm in length, 16.5 cm in knife length) which is a dangerous object in the kitchen, which had been in the kitchen, and knife the victim’s knife, such as the victim’s knife, once in the direction of selling to the right side from the left side of the victim to the right side.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Seizure records;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 2 (1) and Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the crime is recognized and reflected, the victim expresses his/her intention not to punish him/her, the occurrence of contingent crimes, and the fact that he/she has no criminal record of suspended execution or heavier);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Social service order under the Criminal Act;