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(영문) 광주지방법원 2015.09.10 2015고단1157

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been in a legal marital relationship with the victim C (the 37 years of age) but is under a separate relationship from 2 years and 4 months prior to the family imprisonization.

At around 19:00 on January 18, 2015, the Defendant: (a) deemed the victim “E studio” in Article 203 of the “E studio” where the victim is living in Gwangju Mine-gu, but the victim did not comply with it; (b) took the head of the victim; (c) taken the face of the female; and (d) taken the victim’s legs using the camping room, which is a dangerous object in the above studio, and inflicted an injury on the victim, such as cutting down the frame of the non-pel part in need of medical treatment for about 42 days, and the string of the bridge part.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury (Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (one year and six months to six months), the punishment of a person subject to special mitigation (including efforts to recover damage), or where considerable damage has been restored (the decision of sentence] [the defendant] was issued by the Gwangju District Court on November 5, 2007 a summary order of one million won or more due to the crime of causing property damage in the same criminal record and suspension of execution as well as the summary order of a fine was issued by the Gwangju District Court on November 5, 2007; the victim and the victim wanted the wife of the defendant; the above victim’s age, character and behavior, environment, motive and circumstance of the crime; and the circumstances after the crime, etc., shall be comprehensively considered.