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(영문) 수원지방법원 2013.08.14 2012고단6465
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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.

(e).

Reasons

Punishment of the crime

The defendant was married with the victim F on March 2002, but was divorced on June 201, 201.

1. At around 16:00 on May 31, 2008, the injured Defendant asked the victim's face at several times due to drinking, and asked the victim's arms for about two weeks in order to treat the victim as the ground problem in G Apartment 104 Dong 901.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) cited kitchen knicks, which are a deadly weapon in the kitchen at the same time and place as the above paragraph (1), and threatened the victim by threatening him.

3. On October 16, 2009, at the home of the victim located in Gangseo-gu Seoul Metropolitan Government H, the Defendant saw alcohol to the victim without any justifiable reason, while drinking alcohol and drinking alcohol to the victim, and the Defendant diversed to the victim for approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257 (1) of the Criminal Act for the crimes concerned; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. The portion not guilty under Article 62(1) of the Criminal Act (a) of the suspended execution of sentence (a crime committed by a defendant is not good, but at the time, the defendant and the victim were married, and the victim attempted to live together with the defendant, but the victim would not be aware of the victim's debt incurred due to his/her business operation, in consideration of all the circumstances, such as the fact that the victim filed a complaint of this case and filed the complaint of this case)

1. Summary of the facts charged

A. The defendant on August 2006.

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