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(영문) 대전지방법원 2015.09.03 2015고합234

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

The defendant was aware that the victim C(38 years of age) was friendly with his wife, and was doubtful of internal relations.

피고인은 2015. 5. 12. 10:50경 대전 대덕구 D에 있는 E노래연습장 4호실에서, 위 피해자가 피고인의 처와 카카오톡 문자를 주고받았다는 이유로 그곳에 있던 위험한 물건인 마이크와 플라스틱 재떨이로 위 피해자의 얼굴과 머리를 내리찍고, 그의 몸을 밀쳐 출입문에 그의 머리를 부딪치게 하고 바닥에 넘어진 피해자의 얼굴 등을 발로 찼다.

As a result, the defendant injured the victim about three weeks of treatment, such as the opening of the face and the face of the face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of photographs, attachment of diagnostic papers, and investigation of reference persons);

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. Reasons for sentencing under Articles 52(1) and 55(1)3 of the Criminal Act for mitigation of self-denunciation;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The number of self-denunciation in the mitigated area (one year and six months from one year to two years and six months) of punishment (special mitigation factors) (special mitigation factors) for the mitigated area of punishment (one year and six months from one year and six months from two years and six months from one year and six months from one year and six months from the date

3. Determination of sentence: The crime of this case 2 years of suspended sentence for one year and six months is not the case where the defendant inflicts bodily injury on the victim by leaving the victim out of microband plastics, which is a dangerous thing, during the suspicion of internal ties between his wife and the victim.

However, the defendant's criminal act is against himself/herself, the victim's giving and receiving text messages with his/her own wife, and the crime of this case was committed contingently, immediately after this case, voluntarily surrenders to the police station, and deposited KRW 1,50,000 for the victim's recovery from damage.