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(영문) 서울남부지방법원 2013.07.03 2012고단3941
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On September 21, 2012, at around 21:00, the Defendant, at the Defendant’s residence located in Guro-gu Seoul Metropolitan Government, left the part of the victim’s neck because the victim D (year 52) who is her husband is not sufficiently informed of his living expenses, was overfeasible (19cc in blade length), and was removed from the victim, and the victim was over the victim’s left part of the part of the victim’s left part and the victim was over the number of days of treatment.

Summary of Evidence

1. Legal statement of witness E;

1. Protocol of the examination of a witness regarding D;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Application of Acts and subordinate statutes on police seizure records;

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. According to each evidence of conviction under Article 48(1)1 of the Confiscation Criminal Act, when the defendant stated that the victim gave money to the defendant at the above date, time and place, the defendant made efforts to make excessive deduction of the victim's hair, chest, and the victim's clothes by hand on the ground that the victim gave money to the defendant in front of his/her mother, and he/she took over the victim's hair, her hair, chest, and the victim's clothes in the main room, and her husband and the mother did not take over her clothes (Article 57,66 of the Investigation Records), but the victim attempted to take over her clothes from the defendant, but the defendant did not set excessive amount, and the mother of the victim did not request the police to report it to the neighbor. In light of the above circumstances, the defendant tried to make excessive deduction of the victim's excessive amount of money to the victim at the time of his/her mother's reporting to the neighbor at the time of the victim's critical situation, and thus, the defendant seems to use it for himself/herself.

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