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(영문) 수원지방법원 2014.09.03 2014고단3539
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 of the final judgment.

Reasons

Punishment of the crime

At around 04:00 on June 29, 2014, the Defendant: (a) brought the victim D (the wife, the age of 41) at the Defendant’s residence located in Yeongdeungpo-gu C building 309; (b) brought about a sudden dispute with the victim D (the age of 41); (c) brought about a dangerous object in the kitchen, which is about about 26cm in total length, about 16cm in length, about 16cc in length; (d) brought the victim’s left top door one time; (e) taken the victim’s face and left side by drinking; (e) taken two back the victim’s back water due to fraud; and (e) put the victim’s two parts of the days of treatment into two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes on the spot and damaged parts;

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. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Sentence 1 of Article 48(1)1 of the Criminal Act provides for punishment in consideration of the fact that a victim does not want punishment and efforts to maintain his/her family and the victim shall be made, but an order to attend domestic violence therapy shall be added;

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