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(영문) 인천지방법원 부천지원 2015.07.24 2015고단1679

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

around January 5, 1992, the Defendant is a person who was divorced on June 2, 2015 after marriage with the victim D (V, 47 years of age).

On June 29, 2015, the Defendant divorced from the victim’s house located in Kimpo-si, Kimpo-si, 103 Dong 1102 on June 23, 2015, while engaging in a conflict with the victim, he saw that he would harm the victim by taking the kitchen and doing his behavior as if he would harm the victim, thereby making the victim take the kitchen, and thereafter, he fightd the victim’s body. After then, the victim was able to take the kitchen knife the kitchen knife the part of the victim by taking the kitchen knife and the part of the victim by taking the kitchen knife and the part of the victim by taking the kitchen knife and the part of the victim’s chest knife, knife the part of the victim’s chest knife, walking the victim’s chest knife and the part of the victim’s knife (58cc meters in length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Emergency measures report;

1. Application of Acts and subordinate statutes to the site, part of the damage, photograph of the criminal implements, and photograph of the damaged part;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant reflects his/her wrong conduct, that the defendant has no record of punishment heavier than that of the suspension of execution, and that the victim does not want the punishment);

1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);