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(영문) 대구지방법원 2014.03.20 2013고단5363
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

B Imprisonment with prison labor of one year and six months, and Defendant A shall be punished by imprisonment with prison labor of one year.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. On November 21, 2012, Defendant A, at around 01:30, at the Defendant’s house located in 202, F apartment 202, 606, Defendant B, the wife of the Defendant, was suspected of going out, and the victim B, who was the wife of the Defendant, was in dispute with the victim. On the other hand, when the victim’s face was taken out by drinking, the victim was in distressed for about six months, and the victim was in distressed with the victim, and the victim was in distressed by taking advantage of his/her mouths, strings, mouths, internals, and tissues, which require treatment for about 6 months, and assaulted the victim by taking the part of the victim’s head with the knife, etc. (the total length of 34cm, the knife length of 23 cm).

2. At the time and place specified in paragraph (1), Defendant B, in response to the victim A (the age of 51), did physical fighting against the Defendant as described in paragraph (1). Defendant B, with the kitchen knife specified in paragraph (1), placed the victim’s right-hand part of the kitchen bucks one time with the kitchen knife, bucking part of the victim’s right-hand part of the kitchen and bucking part of the chest for about four weeks, and inflicted injury on the victim, such as an open upper part of the chest gate, and an open part of the kitchen knife, which require approximately four weeks of treatment.

Summary of Evidence

1. The Defendants’ partial statements concerning each of their respective legal statements are written in each of the suspect interrogation records against the Defendants.

1. A medical certificate (A), a certificate of injury (B), an investigation report (a copy of medical records, etc.), an investigation report (attaching photographs of an injury);

1. Application of Acts and subordinate statutes to investigation reports (refilled articles and photographs of site damage);

1. Relevant Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 of the Criminal Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 260 (1) and 257 (1) of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution (Defendant B) Article 62(1) of the Criminal Act (The following consideration shall be given in favor of the reasons for sentencing);

1. Confiscation (Defendant A) Article 48(1)1 of the Criminal Act

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