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(영문) 광주지방법원 순천지원 2015.08.21 2015고단836

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 becomes final and conclusive.

Reasons

Punishment of the crime

From March 2013 to the recent years, the Defendant was aware that his wife C was a victim D(44 years of age) and an inhumanity relationship that he became aware of through high school dynamics.

On March 30, 2015, at around 14:30, the Defendant: (a) cut knee, a deadly weapon (29cm in length, 18cc in length, knee knee kel kel kel kel kel kel kel, knee knee knee knee knee knee knee knee knee knee knee knee knee of the victim who knee knee knee and knee knee knee knee in the victim’s left side, so far, the Defendant got off one time with a deadly weapon kne kne, which requires approximately 8 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Protocols of seizure, list of seizure, kitchen and photograph of a kitchen;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Reduction elements of types 1 (Habitual Injury, Bodi Bodily Injury), (Special Bodily Injury): Where the victim is fully responsible for the occurrence of a crime or the expansion of damage even if the victim is also responsible for the occurrence of a crime or for the expansion of damage (special scams): Reduction elements of punishment (including serious efforts to recover damage), or where considerable damage has been recovered (general scams): Reduction elements: Determination of the area to be recommended] serious reflect [Determination of the area to be recommended] Special Mitigation (Scope of Recommendation Punishment] from September to June 2;

2. Where he/she commits a crime by the threat of collective force or multiple force, or by carrying a deadly weapon or other dangerous articles (principal reasons: positive reasons);