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(영문) 서울중앙지방법원 2013.11.22 2010고단7538
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 16, 2009, at the defendant's house located in Gangnam-gu Seoul Metropolitan Government C and 101 on July 16, 2009, the defendant tried to drink alcohol and late to enter the house by the victim D (38 years of age and inn) who is the defendant's wife, and used a dangerous weapon at the home, and used a knife knife at the home and used it as a dangerous weapon for the victim's items, and then threatened the victim with the above knife urban gas operator.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of each of the visual Acts and subordinate statutes to kniff photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant committed several assaults against his wife on account of his minor reason and intimidation in knife. However, it is not good that the crime is committed. However, the victim does not want the punishment against the defendant, the defendant's confession in the crime, and the defendant has no record of punishment above the suspended sentence, considering the favorable circumstances for the defendant, the term of the punishment against the defendant shall be set for eight months, and the execution of the punishment shall be suspended.

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