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(영문) 대구지방법원 김천지원 2013.12.12 2013고단1338
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

At around 22:30 on October 5, 2013, the Defendant, as the husband of the victim C (here, 32 years of age), expressed that the victim’s head is her female problem at the defendant’s house located in the building D, 107-dong 1105 of the Gu-si, Gu-si, the Defendant expressed his desire to “this Chewing baby,” and her hand skes the victim’s head debt at several times, and the victim’s head debt at his hand so that the victim cannot move in his her her neck, thereby leaving the victim’s head at his/her seat (60cm, length 30cm, length 10cm), and caused the injury of the victim, such as the victim’s hand, which is a favorable thing that the victim was at the bottom of the victim’s body (60cm, length 30cm, length 10cm, etc.).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs and photographs of damaged parts;

1. Application of Acts and subordinate statutes to a report on investigation (in case of attaching photographs to the body of the victim);

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 62-2 of the Criminal Act of the Order to Attend a lecture (determination of a type) is inconsistent with the reasons for sentencing under Article 62-2 of the Criminal Act (determination of a type): Habitual injury, repeated injury, and special injury (special person in charge): - Insignificant injury, injury to repeated offense, and special injury (determination of a recommended field): Insombing factors: Insombing factors: Insombing from the highest half [the range of recommending punishment] from September to February [the range of general person in charge] - Insombing factors: the minimum limit of applicable sentences under law is inconsistent with the highest limit of applicable sentences (one year and six months of imprisonment).

[Attachment] Major reasons for suspension of execution - Where a person commits a crime by carrying a negative deadly weapon or other dangerous articles with him/her, the main reasons for suspension of execution - Insignificant injury, punishment not for him/her, the reason for general participation: the positive social relation clear, contingent crimes, serious reflectivity, or criminal records of suspension of execution or more (decision of sentence).

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