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(영문) 광주지방법원 목포지원 2013.06.03 2013고단639
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in this case, the charges of assault shall be dismissed.

Reasons

Punishment of the crime

【Disqualified for Suspension of Execution】 On November 22, 201, the Defendant was sentenced to a suspended sentence of three years and six months, and the said judgment became final and conclusive on November 30, 201, for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Manpo Branch of the Gwangju District Court.

【Criminal Facts】 The Defendant was married on or around December 2007 between the victim C (n, 40 years of age) and the other spouse who was divorced on or around March 2010.

1. On March 25, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.), around 18:00, at the house of the victim C located in Mapopo-si, the Defendant demanded the victim to resume, but was refused, and the Defendant went beyond the floor of the vehicle in which the victim’s right shoulder is walked due to the outbreak of the fire, she was flading the part above the floor of the vehicle in which the victim’s right shoulder is walked, the beer’s disease, which is a dangerous object located therein, she can take back the part above the left part of the victim’s back, cut the victim’s timber with electric wires, cut off the victim’s body by drinking and drinking, and sustained the victim’s body, resulting in an injury, such as the cutting of a non-pel frame, which requires four weeks of medical treatment

2. On March 31, 2013, the Defendant: (a) around 03:00 on March 31, 2013, when the victim C’s above house, the Defendant was in front of the victim C’s above house; (b) and then, (c) was damaged by breaking the finger by using a stringer with the following decline; and (d) the Defendant opened the kitchen and intruded into the victim’s house.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, written evidence by the prosecution against C, damaged photographs, field photographs, and medical certificate

1. Relevant legal provisions concerning facts constituting an offense, and carrying and injuring dangerous objects: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act: Intrusion upon residence under Article 366 of the Criminal Act; Article 319 (1) of the Criminal Act (Selection of Imprisonment);

2. Aggravation of concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act.

3. The victim under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is currently against the defendant.

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