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(영문) 광주지방법원 2014.10.16 2014고단2654
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

1. The injured defendant is the husband of the injured party C (in women, 41 years of age) who is currently living separately.

On June 20, 2014, around 02:30 on June 20, 2014, the Defendant: (a) considered the victim’s E-sing room in the operation of the said victim’s room in Gwangju Mine-gu to return to the victim’s school male colon; and (b) considered that the victim’s male cohesion was found, and led to sound.

From the victim, the victim listened to the horses that would interfere with the operation of the business, and made the victim be placed on the main floor of the singing practice room and placed the victim on the light string, which requires approximately two weeks of treatment to the victim, strokes, tensions, and tensions.

2. The Defendant continued to commit a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and at the same time and place as the above paragraph (1), the Defendant taken the kitchen knife (30 centimeters in the total length, 18.5 centimeters in the knife length) which is a deadly weapon in the instant singing practice room, and said that the Defendant’s item of the victim’s knife would be “bomed in the packer and the softenet.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to kitchen photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment with labor);

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 of Article 62(1) of the Criminal Act under the suspended sentence (Scope of recommending punishment) is that the defendant exercised violence against the wife and threatened the victim with the kitchen knife in April to June, and committed the crime in light of the victim or the implements of the crime.

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