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(영문) 대전지방법원 홍성지원 2013.12.23 2013고단835
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

On June 24, 1999, the defendant is the husband and wife who reported the marriage with the victim C (the female, 36 years of age).

1. Around 01:00 on August 10, 2013, the Defendant violated the Punishment of Violence, etc. Act (a collective injury by a deadly weapon, etc.) : (i) the Victim’s head debt knife knife the victim’s head debt knife, and (ii) the victim’s head and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

2. Around August 30, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) committed a assault on the part of the victim, which was a dangerous article of the victim’s residence in Boan-si, E, with a glass cup, which was at the risk of the main singcam, one time a part of the part of the victim’s back, and a scam of the victim’s scam with a second hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. A written diagnosis of injury;

1. Photographs of each damaged site;

1. Application of Acts and subordinate statutes of the 112 Report Receipt and Handling Table;

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 (the occupation of inflicting an injury on carrying a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assaulting carrying a dangerous object);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Violences, etc. which is heavier than punishment shall be added to concurrent crimes resulting from a violation of the Punishment of Violences, etc. Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. Although it is not good to commit the crime in light of the method of sentencing and the degree of damage, etc. on the grounds of sentencing under Article 62(1) of the Criminal Act (restatement of the reasons for sentencing below), the crime is committed on the one hand.

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