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(영문) 수원지방법원 안산지원 2016.04.20 2015고단3729

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is in a de facto marital relationship with the victim C (nive, 44 years of age).

On January 31, 2015, the Defendant: (a) around 20:55 on January 31, 2015; (b) around 20:55, around Ansan-si, Asan-si, D, 202, and the victim’s dwelling, and (c) taken food to the stairs while under the influence of alcohol, and attempted to enter the second floor window in order to open the locked door, and (d) took a knife as a shot-style knife (the knife is called “the knife,” and the knife knife knife knife knife knife knife knife knife knife knife knife

As a result, the Defendant inflicted injury on the victim by the number of days of treatment that the victim would tear about 2 cm.

Summary of Evidence

1. Partial statement of the witness C;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Part of the statement protocol with respect to C;

1. The color photographs and knife photographs of damaged parts (the defendant and his defense counsel had no intention to inflict any injury on the victim;

The argument is asserted.

According to the evidence duly examined, the following facts can be acknowledged.

The defendant has argued with the victim in the living room of his residence, and has a knife in the kitchen.

In the future, the defendant knife and the victim knife knife and knife in front of the defendant.

The victim said that he would be knife to the defendant, and carried out physical fighting between the two.

In this process, the right side side of the victim knife knife cited by the defendant.

피해자는 위 상처 부위를 3 바늘 꿰매 었다.

In light of these facts, at least the Defendant had the intention to inflict an injury upon the Defendant.

[Attachment]

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.