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(영문) 서울서부지방법원 2015.04.14 2014고단3416

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 300,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendants are married.

1. On July 20, 2014, at around 23:30 on July 20, 2014, Defendant A brought a dispute with the victim B (the husband) and his family at the house of the Defendant No. 23:30, Seodaemun-gu Seoul, Seoul, 101 Dong 403, and 103, the Defendant left the victim's her buck with the victim's her bucks and her bucks with the victim's bucks, and the victim was able to put his buck with her hacks, and the victim was her bucked with the deadly weapons (the knive length, 10cm in total, 21cm in length) in the main part of the Defendant's bombed with the victim's her arms at around two weeks.

2. Defendant B, while making a dispute with the victim A (here, 35 years of age) who was found at the above date and time and at the above place, brought about the victim’s shoulder, and knife the victim’s shouldered, and knife the knife and knife the knife caused approximately one week of treatment to the victim.

Summary of Evidence

1. Defendant A’s legal statement, Defendant B’s partial legal statement

1. A legal statement of a witness;

1. Statement of suspect interrogation against the Defendants

1. Police seizure records;

1. Each injury diagnosis letter;

1. Application of each statute on photographs;

1. A of the relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) 2 of the Criminal Act: Article 257 (1) of the Criminal Act (elective of fines);

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

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: Article 48 (1) 1 of the Criminal Act;

1. 가납명령 피고인 B : 형사소송법 제334조 제1항 피고인 B과 그 변호인의 정당방위 주장에 대한 판단 앞서 든 증거들에 의하면, 피해자 A은 피고인 B과 가정 문제로 말다툼을 하다가 화가 나 피고인 B의 뺨을 때리고, 손톱으로 피고인 B의 양 팔뚝을 할퀸 사실, 이에 피고인 B이 피해자의 팔을 잡아 흔들고,...