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(영문) 광주지방법원 2015.06.18 2014고단3803
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, 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

The Defendant liveded with the victim C (n, 37 years of age) from April 10, 2012 to January 14, 2014, Seo-gu, Gwangju D, 203 Dong 408, and sent a de facto marriage relationship.

피고인은 2013. 9. 21. 00:30경 위 D아파트 203동 408호에서, 피해자가 가족들에게 피고인으로부터 폭행을 당하였다고 말하였다는 이유로 주먹으로 피해자의 얼굴을 수회 때리고 발로 가슴과 등을 수회 찼다.

The Defendant followed the victim's chest by driving away away away from his ward, and her chest, etc. in several times due to the victim's chests, and the victim's body, which was written on the floor, boomed the victim's body by hand, and faced with the victim's head several times, and caused approximately three-day medical treatment to the victim.

In addition, the Defendant habitually injured the victim over 10 times in total, as shown in [Attachment Table 11-20] and [Attachment Table 11] through 20, from the end of July 2013 to the beginning of January 01:00.

Summary of Evidence

1. Each legal statement of the defendant, C, and E in part;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Photographs;

1. Each written diagnosis (F.G.);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and repeated crimes of the same kind;

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

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 under Article 62-2 of the Social Service Order Criminal Act takes into account the following: (a) the Defendant unilaterally uses violence without having sufficiently attempted conversations or compromises in order to overcome conflicts arising in de facto marriage relations with the victim; (b) the period exceeds six months; and (c) the number of times exceeds ten times; and (d) the Defendant has inflicted injury on the victim, such as high level of external wounds, etc.

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