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(영문) 의정부지방법원 2014.01.16 2013고단3845
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 of the final judgment.

Reasons

Punishment of the crime

Defendant,

1. On November 1, 2013, at around 1:30, 201, the victim D (the victim, who is the defendant's wife, 41 years old) was suspected of committing an unlawful act in the defendant's dwelling at Dongducheon-si, C apartment 103 Dong-si, 1402, and the defendant's dwelling, but the victim asked the victim to commit an unlawful act, but the victim did not recognize it, using a knife (the knife length, 15cm in total length, 28cm in total length) as "one kniff, so one knife", the victim was knife at the victim's dwelling at the defendant's dwelling at Dongdu-si, 2013. Nevertheless, the victim did not continue to commit an unlawful act, and the victim stated that the victim "in order to use the victim's knife with the victim who was in possession of the dangerous goods."

2. The time, time, and place specified in the preceding paragraph of the Act on the Punishment of Violences, etc., when the victim threatened the above victim, the victim has continuously denied misconduct while denying misconduct, and the knife described in the preceding paragraph, which is a dangerous object that the victim was in possession of a chemical on the ground that it is hostile to himself/herself, and the part of the victim's right snife the victim left the right side that requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. A medical certificate;

1. Statement of seizure of each police;

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the same Act, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning the punishment of crimes;

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

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