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(영문) 인천지방법원 부천지원 2015.01.09 2014고단3064
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2014, at around 20:47, at the defendant's house located in Seocheon-gu, Seocheon-gu, Seocheon-si, the defendant requested the victim D (the 51-year old age), who is the former head of the defendant's house, to have sexual intercourses, but the victim's left side buckbucks, which are objects dangerous to the victim due to the refusal of the victim (7 cm in the blade length, 12 cm in the total length), led to the left side fuckbucks in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Protocol of seizure, list of seizure and blades;

1. Application of Acts and subordinate statutes of the upper part of the body photograph and the written diagnosis of injury;

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. All circumstances under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., confession of and reflects on a crime, contingent crimes, the victim does not want the punishment of the defendant by mutual consent with the victim, and there is no record of punishment exceeding the fine, and there is no record of punishment after 2008);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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