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(영문) 인천지방법원 부천지원 2013.11.06 2013고단2746
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is under the marital relationship with the victim C (n, 45 years of age), and the victim D (49 years of age) is a space between the victim C and the dance institute.

On July 18, 2013, at around 02:45, the Defendant reported that the Defendant was out of the clothes of the victim D at the house of the victim C of the victim No. 102 of Seocheon-gu, Seocheon-gu E-gu, Seocheon-gu, Incheon, E-si building 102, and tried to use a portable cleaning device, which is a dangerous object, when several times the face face of the victim D, etc., and then, the Defendant told that the head of the victim C was in danger of the main of the victim C one time.

As a result, the Defendant carried dangerous articles and inflicted injury on the victim D, such as a closed dynasium abandonment, which requires treatment for about six weeks, and injury on the victim C, which requires treatment for two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. Application of each medical certificate, on-site photographing statute;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [the scope of punishment under law] The reason for sentencing under Article 62(1) of the Criminal Act [the sentence of punishment under law] 1 year and 6 months to 22 years and 6 months [the decision of a sentence] violent crime. Habitual injury, repeated injury, special injury, and Type 1 [Special Aggravationd: The factors for mitigation of injury: The serious factors for mitigation of injury: In a case where there are special reasons for mitigation of injury: imprisonment not to punish [the scope of punishment revised] 1 year and 6 months from 1 year and 6 months from 3 years from 3 years and 9 months from : Imprisonment [the main reason for suspension of execution] where there are reasons for special consideration in a crime committed by carrying with a deadly weapon or other dangerous articles [the decision of sentence] where the defendant committed a crime with a deadly weapon or other dangerous articles

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