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(영문) 대구지방법원 경주지원 2013.12.10 2013고단615
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant and the victim B (the 40-year old age) are married with the married couple. Since May 2013, the defendant and the victim (the 40-year old age) had frequent time with the victim at the time of drinking alcohol, the victim had a good appraisal against the victim in the room of his/her child.

At around 08:30 on August 16, 2013, the Defendant: (a) at the Defendant’s house located in Sin-si, Sin-si on August 16, 2013; (b) when the victim was able to sleep his visit while entering the Defendant’s room, he was able to see the appearance of the victim’s visit; (c) when the victim added a son’s door into the warehouse, or added a son’s door, the Defendant 207.2, the Defendant 207: (d) followed the victim’s knife (17.5m in blade length) by inserting the knife with the victim’s knife and knife with the victim’s knife and knife with the victim’s knife with the knife, but the victim retired from the knife with the victim’s knife with the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. B written statements;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (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 on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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