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(영문) 대전지방법원 논산지원 2014.01.07 2013고단394
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Around August 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) destroyed the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, by destroying the Franzed passenger car (1.2m in length), which is the victim’s possession, with a hack pipe (1.2m in length), where the Defendant’s female and female D and the victim E, his/her spouse, were in a dispute with the Defendant, and the victim E, who was his/her spouse, did so.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) committed an injury, such as fiff, etc., on the part of the victim E (ma, 32 years of age) at the time and place specified in paragraph (1) of this Article, on the part of the Defendant, which is a dangerous object surrounding the Defendant, and on the part of the Defendant, the right side of the victim, etc. is fife and

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Application of relevant Acts and subordinate statutes to on-site photographs, written confirmation of medical treatment, or images;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 3 (1) and Article 366 of the Criminal Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of carrying or injuring dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment: Imprisonment for one year and six months from the date of up to June 22 years (limited to concurrent crimes, discretionary mitigation);

2. Sentencing criteria:

(a) Crimes in violation of the Punishment of Violences, etc. Act (determination of types), violent crime group, repeated injury, special injury Type 1 (Special Bodily Injury).

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