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(영문) 대구지방법원 김천지원 2015.12.03 2015고단1185
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 21, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), at the home of the Defendant at 01:10 on August 21, 2015, the Defendant inflicted on the victim D (the age of 35) who was the wife of the Defendant, who d(the age of 106 and 204) suffered bodily injury, such as cutting down the victim's inner part of the victim's booms or drinking, after she had a dispute about whether the Defendant d(the age of 35) dices drinking in his/her drinking, on two occasions, while he/she had been suffering from the victim's inner part of his/her finger, she dys his/her hand, and lided the victim's head two times, which is a dangerous object, and caused an injury to the victim, such as cutting the frame of a non-c

2. 재물손괴 피고인은 제1항 기재와 같은 일시, 장소에서 위와 같이 피해자를 때리다가 그곳에 있는 피해자와 피고인의 공동 소유인 시가 불상의 식탁의자 1개를 들어 바닥에 던져 부숴 손괴하였다.

Summary of Evidence

1. The second oral statement of the defendant;

1. Statement of D;

1. E statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (a copy of a medical certificate);

1. Article 3(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2(1)3 and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 of the Criminal Act (the point of inflicting an injury on a lid carried) and Article 366 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the scope aggregated with the long-term punishment of crimes in violation of the Punishment of Violences, etc. (hereinafter referred to as "collective weapons, deadly weapons, etc.")

1. Considering the method of violence, degree of injury, etc. under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, punishment should be imposed strictly. However, there is no penalty exceeding a fine, and there is no record of crime after 2001, and some of the circumstances of the commencement and resumption of violence and the resumption of violence are considered as a crime committed by contingently committed after 201, and the victim does not want the punishment of the defendant.

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