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(영문) 서울남부지방법원 2013.05.31 2013고단1192
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 of the final judgment.

Reasons

Punishment of the crime

On March 24, 2013, the Defendant: (a) around 06:20 on March 24, 2013, at the “E” house operated by Yeongdeungpo-gu Seoul Metropolitan Government Defendant and his wife D (n, 34 years of age) together, the issue of divorce and child care; and (b) was a beer disease, which is a dangerous object in the table, and the victim’s head was unable to know the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act is that the Defendant was sentenced to a fine on several occasions due to not only bodily injury, damage, property damage, etc., but also the Defendant had committed an assault in the same way.

On the other hand, the defendant agreed with the victim that the victim was the wife of the defendant.

In addition, the defendant shall be sentenced to the same punishment as the disposition, comprehensively taking into account the circumstances leading to the crime of this case, methods of crime, criminal records, etc.

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