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(영문) 인천지방법원 2013.12.26 2013고단7935
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(the age of 39) were married on September 15, 2001 and divorced on May 23, 2013.

At around 18:20 on October 10, 2013, the Defendant, at the Defendant’s house located in the Nam-gu Incheon Metropolitan City, Do 1b02, brought the victim’s left side knife of the victim’s left side knife with the transition (21cm in total length, 10cm in knife length) which is a dangerous object in the main room at that place (10cm in total) and brought the victim’s left side knife of the victim’s left side knife with a knife of approximately 3 cm in knife so that the number of treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The list of seizure and the protocol of seizure;

1. Application of Acts and subordinate statutes to photographs of 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is led to the crime and is against the victim; that the victim does not want the punishment of the defendant due to the agreement with the victim; that the defendant is the first offender; that the defendant supports his child; and that the defendant supports his child);

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

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