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(영문) 대구지방법원 안동지원 2013.05.16 2013고단154
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 of the final judgment.

Reasons

Punishment of the crime

On July 5, 2007, the defendant is currently in separate possession as C member of the company, and as the husband who reported the marriage with the victim D on July 5, 2007.

1. On June 24, 2012, the Defendant: (a) around 22:30 on June 24, 2012, on the ground that the Defendant and the victim were living together with the Defendant in Ansan-si, and opened a visit and return to the entrance of the second floor of C dormitory, wherein the victim was living together; (b) laid down the part of the victim’s ship on one occasion by putting the head knife into the floor by breaking the strings; (c) was tight for cleaning materials of alkinium ( approximately 120cm in length, approximately 20cm in thickness; 20cm in thickness) at one time for cleaning materials of alkinium, which are dangerous objects inside the house, and the victim was able to take part in the victim’s spice and spons, and the victim was able to give approximately 2 weeks’ her hair to the female and her head sponsing the victim.

2. 피고인은 2012. 11. 3. 16:30경 위 안방에서 피해자가 2주간 집을 나갔다가 돌아온 후 자고 있는 피고인을 향해 침대에서 나오라고 한다는 이유로 피해자에게 “왜 왔느냐. 나가라.”라고 소리치고, 피해자를 팬티만 남긴 채 옷을 벗긴 다음, 피해자의 양손을 뒤로 꺾고, 가슴 위에 걸터앉아 피해자의 젖꼭지를 꼬집고, 가슴을 수회 때려 피해자에게 약 2주간의 치료가 필요한 다발성좌상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each medical certificate and investigation report (related to the victim D's photographic part of the damaged part) Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury, the selection 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. The confessions made in accordance with Articles 53 and 55(1)3 of the Criminal Act and reflects, and agreed with the victim; and

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