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(영문) 수원지방법원 2013.07.05 2013고단1749
상해등
Text

A person shall be punished by imprisonment with prison labor for not less than two months for a crime of No. 1 in the judgment of the defendant, and imprisonment with prison labor for not more than six months.

Reasons

Criminal facts

On April 27, 2012, the Defendant was sentenced to a suspended sentence of two years for 6 months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in the Suwon District Court's Ansan Branch on April 27, 2012, and the judgment became final and conclusive on May 5, 2012. On January 10, 2013, the Seoul High Court sentenced 8 months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on January 18

1. On March 18, 2012, the injured Defendant: (a) around 23:00, at the Defendant’s residence located in Ansan-si Member B; and (b) on the ground that the Defendant’s wife C (the 41 year old, female) used both monthly salary to the Defendant, the Defendant she was suffering from the Defendant’s catch catage, etc., which requires approximately two weeks of medical treatment for the victim, on the ground that the Defendant used both the Defendant and the Defendant’s catum.

2. Around September 13, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) took place in the same place as Paragraph (1) on September 13, 2012, and committed an act as if he/she would inflict any danger or injury on the life, body, etc. of the victim by cutting a knife, which is a dangerous object in the house, in which conversations between the victim C and the motor vehicle are divided with the victim in relation to the sale and purchase of the motor vehicle.

Accordingly, the defendant threatened the victim with dangerous articles and deadly weapons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each injury diagnosis report and medical certificate;

1. Previous convictions in judgment: Application of criminal records, inquiry of criminal records, and copies of written judgments;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime;

1. The crimes of injury and judgment under the latter part of Article 37 and Article 39 (1) of the Criminal Act in the treatment of concurrent crimes have become final and conclusive;

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