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(영문) 인천지방법원 2016.03.31 2015고합734
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. On July 24, 2015, at around 16:00, the Defendant: (a) demanded divorce from the victim’s wife D (n, 42 years of age) in his/her second floor of the Seoul Southern-gu Incheon Nam-gu C detached Housing; and (b) caused danger to human life, body, or property by gas leakage by discharging well with a kitchen at the urban gas valve located in the main room of the said detached housing located in the victim and his/her children together with the victim.

2. In the time and place indicated in the above paragraph 1, the Defendant: (a) suffered loss of the kitchen knife (35 cm in total length, 22 cm in length) which is a dangerous thing while taking a bath by spraying the victim’s horse; and (b) caused the victim to take a part of the kitchen knife, which is a dangerous thing; and (c) caused the victim to suffer approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A protocol of seizure and a list of seizure;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Article 172-2 (1) of the Criminal Act (the point of gas emission), Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the aggravation of concurrent crimes (aggravated increase in the punishment stipulated for the crime of gas emissions which has heavier quality);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The sentencing criteria are not set in both the following: (a) the reason for sentencing in Article 62-2 of the Criminal Act to observe the protection and observation; and (b) the special injury and gas emissions.

The Defendant emitted gas from his own place of residence on the ground of the occurrence of a dispute with the victim, who is the wife of the Defendant, and caused a serious harm to the life and property of the people due to an explosion. The Defendant, in light of the method and circumstances of the crime, committed an act connected with an explosion, committed a serious harm to the life and property of the people, and the kitchen knife, which is a dangerous object, knife and knife knife knife knife knife knife of the victim.

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