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(영문) 수원지방법원 2013.12.04 2013고단5251
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 02:50 on August 11, 2013, the Defendant: (a) reported that the Victim D (Woo, 46 years of age) who is the wife in front of Suwon-si C, Suwon-si, was able to return home late, and (b) assaulted the victim’s head flag, scing the victim’s head flag, scing the victim’s head flag, and scing the victim’s head flag, ging the victim’s head flag, ging the victim’s head flag, ging the victim’s head flag, ging the victim’s head flag, glag, and ging the victim into the room in custody and glaging it into the newspaper (24 cm a day) and glaging the victim’s face with the victim’s right flag, and glading the victim’s face with the victim’s f.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to criminal investigation reports, photographs of the victim's injury, investigation reports (record recording of the victim's DNA phone statement), recording records, investigation reports (report on telephone communications with the victim) and investigation reports;

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. In view of the fact that a knife, which might cause serious bodily harm to the victim for the reason of sentencing under Article 48(1)1 of the Criminal Act, is used for the crime, and the degree of assault is not less than that of the victim, it is necessary to strictly punish the defendant.

However, the defendant has no record of criminal punishment for the same offense and suspension of execution, and the confession of the crime and the victim reflects it, the victim's wife against the defendant, and the motive and motive of the crime of this case.

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