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(영문) 서울중앙지방법원 2013.11.29 2013고단6425

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant, at around July 2007, entered the Republic of Korea along with the Victim C (Woo, 40 years of age) who was in a relationship with Chinese Chinese family, and was living with the victim from that time to that time. On September 23, 2013, the Defendant was able to take account of the occurrence of another male by the victim.

On October 8, 2013, the defendant sent documents to China to the victim on October 10, 2013, and requested the interpretation of the documents to the Korean language, and suggested that the victim would live together with the victim.

그러나 피해자가 결혼할 남자가 있다며 피고인의 제안을 거절하자 왼손으로 피해자의 머리카락을 움켜쥔 후 오른손으로 마침 상의 주머니에 들어있던 위험한 물건인 포크(날길이 11cm)를 꺼내어 피해자의 왼쪽 눈 부위를 3회 내려찍고 주먹으로 피해자의 얼굴을 10회 가량 때렸다.

As a result, the defendant carried dangerous things with the victim and carried them for six weeks' medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. The police seizure record and the list of seizure;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to the victim's body photographs, seized articles photographs, and photographs at the scene of the crime;

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

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

1. For the reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation, four years from 1 year and 6 months from 15 to 15 years from 2 years from 15 years from 3 months from 1 year and 6 months from 4 years from 15 (limited to 15 years from 15 years from 2 years of 3 years from 15 (limited) [the basic area of 1 year from 2 years from 2 years from 3 years from 4 years from 4 years from 10 years from 2 years from 10 years from 2 years from 100