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(영문) 창원지방법원 2014.05.14 2013고단2661
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

Punishment of the crime

1. On May 20, 2012, the Defendant: (a) appears to be working in the front garden of the Defendant’s house located in Kimhae-si, Kimhae-si, and entering the house; (b) placed the victim E, who is the wife, a string, a dangerous object from chemicalization, and laid down the victim’s head, arms, legs, etc.; and (c) placed the victim’s head, arms, and legs on the number of days of treatment in front of the number of days of treatment.

2. On June 30, 2013, the Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapons, etc.) committed assault against the victim, following the Defendant’s escape from the Defendant’s house, on the following occasions: around 19:45, on the 19:45, the Defendant’s house-to-faced that it is difficult for the victim to be able to be able to take advantage of the victim’s bridge; the knife (the total length: 40 centimeters and the length: 8 centimeters); and the knife (the knife., the knife) of dangerous articles; and (b) of the knife the victim’s face.

Summary of Evidence

1. Entry of the defendant in each legal statement of the defendant and witness E, the first protocol of trial of the defendant;

1. Application of the Act and subordinate statutes No. 1, 2, 7, 9-12, 16-19, 24-26 to the evidence list submitted by the prosecutor

1. Relevant Article 3 (1) or 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act) of the Act on the Punishment of Violences, etc., the fact of violence by carrying a deadly weapon (Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act) of the Act on the crime;

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

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant unilaterally exercised violence against the victim who had married life for not less than 25 years, and thereby made efforts to recover the victim’s damage, instead of seriously against his/her mistake, even though he/she ordered the victim to have a large mental and physical address.

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