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(영문) 의정부지방법원 2013.08.16 2013고단1536
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. On June 2, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) (around 00:20 on June 2, 2013, the Defendant inflicted injury on the victim D (the age of 59) who was de facto in a de facto marital relationship at the Defendant’s home located in Speaker C, with the Government-si, is suspected of having a female relationship with the Defendant, she is aware of a female relationship, she is able to do so as to her influent with her a woman relationship, and the her part of the kitchen, which is a deadly weapon, was in violation of the victim’s knife (15cm in length: 15cm), and inflicted an injury on the victim, such as chest 12 pressured her part of the victim, by taking the victim’s

2. Around 02:00 on April 16, 2013, in order to prevent the above victim from suspected of having a female relationship with the defendant and leaving the defendant out of the house of the above defendant, the defendant suffered bodily injury, such as slicking the door, drinking, and slicking the victim's clothes once, and slicking the part of the victim's bridge, which requires medical treatment for about 2-3 weeks at several times.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Investigation report (on-site chief commissioner - Investigation, such as the confirmation of the commission of crimes);

1. Application of Acts and subordinate statutes, such as field crime tools and photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the victim's name is limited to the illegality of the act, and even around 2005, the same victim was injured, and the victim was subject to a protective disposition as a home protection case. The victim's injury was serious, and the defendant showed an attitude against the victim for a long time.

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