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(영문) 수원지방법원 평택지원 2016.01.29 2015고단1894
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 26, 2015, the Defendant’s special intrusion upon a house came to the residence of the victim D (76 tax) located in Pyeongtaek-si C on October 26, 2015, and the Defendant’s wife was discompacted with the said victim.

I think of this, the victim's residence was invaded by the victim's house through an open gate with a chain (30 cm in total length) which is a dangerous object.

2. In particular, the Defendant: (a) committed several injuries to the victim, she was placed in a knife knife, which is a dangerous thing at the above date, time, and place; (b) and (c) caused the victim’s injury, such as damage to plebing the ples, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure and list of seizure by the police;

1. Application of diagnostic certificates, on-site photographs statutes;

1. Article 320, Article 319 (1) of the Criminal Act (a special intrusion on residence) concerning the facts constituting an offense, Articles 258-2 (1) and 257 (1) of the Criminal Act (a special injury) of the same Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the Defendant’s liability is unlimited, but it is decided as ordered by taking account of the following factors: (a) the Defendant’s acknowledgement of the facts charged in the instant case and reflects his mistake; (b) the Defendant has agreed with the victim; (c) the Defendant suffers from dementia and is the aged; and (d) the sentencing guidelines for various normal and violent crimes recorded in the records, such as the Defendant’s character, conduct, family environment, etc.

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