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(영문) 부산지방법원 동부지원 2013.08.08 2013고단1486
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

From February 201 to March 2013, the Defendant liveded with the victim C (nive, 43 years of age) and sent a de facto marriage relationship.

1. On December 21, 2012, the Defendant: (a) 22:00 on December 21, 2012, and the victim’s residence located in Suwon-gu, Busan, intended to have a dispute with the victim on the ground that the victim was brought about; and (b) hit the victim’s left eye of the victim on several occasions, the Defendant saw the victim’s body on several occasions; and (c) hit the victim’s body on the part of the days of treatment, the Defendant was spawn

2. On February 27, 2013, the Defendant: (a) around 22:00, at the place indicated in paragraph (1) on February 27, 2013, the Defendant heard horses from the victim on the ground that the Defendant did not have the first love in the past; (b) and (c) carried the victim’s body that she was flading at the right eye of the victim who was flading with the horses, and was flading the victim’s body that she was flading away from the victim’s right eye, and

3. At around 04:30 on March 28, 2013, the Defendant: (a) cut locked in the way of the house as stated in Paragraph (1); (b) visited the victim to hear the horses, “I see why?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on injury diagnosis certificate and photographs at scene of crime;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 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. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Punishment of Violences, etc. that is the most severe punishment (the punishment specified for an injury by a group, deadly weapon, etc.) shall be applicable;

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