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(영문) 광주지방법원 순천지원 2014.04.02 2014고단96

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 or 3 shall be forfeited from the defendant.

Reasons

Punishment of the crime

피고인은 2013. 7. 29. 00:45경 양산시 C아파트 104동 304호에 있는 피해자 D(여, 38세)의 집에서, 내연관계에 있던 위 D가 헤어지자고 하였다는 이유로 이에 화가 나, 평소 알고 있던 현관 출입문 비밀번호를 입력하여 D의 집에 들어가 그녀를 기다리던 중 D가 들어오자 그녀를 쫓아 그 곳 안방으로 들어간 후 그녀의 배 위에 올라타 그녀의 뺨을 수 회 때리고, 몸통을 발로 찬 후 함께 죽자고 하면서 부엌에 있던 흉기인 칼(칼날길이 21cm)을 그녀의 목에 들이댔다.

When the above D continued to report to the police, the defendant has a different knife (16cc in the blade length) with the kitchen, has taken the head of the D in the knife and the knife, and the victim E (the knife, the knife) who is his father, has affixed the knife with the knife.

Accordingly, the Defendant, with a knife (16cm in blade length) which is a deadly weapon, put the victim D with a tear of 3 cm by the left-hand side of treatment days, and put the victim E with a heat with a tear of 3 cm by the left-hand side of treatment days and 2 cm by the left-hand side of treatment days.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Grade D of the protocol of interrogation of the accused by the prosecution;

1. Records of seizure and the list of seizure;

1. Investigation report (a copy of medical records and a certificate and attachment of a log for an emergency medical service business operator) ;

1. An investigation report (written confirmation of medical treatment and a report accompanied by photographs of damaged parts);

1. Application of Acts and subordinate statutes to an investigation report (to hear a telephone statement from the person in charge);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, and Article 257 (1) of the Criminal Act (a person who inflicts a bodily injury with each deadly weapon);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The Defendant’s summary of the argument.