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(영문) 의정부지방법원 2014.03.20 2014고단234
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

On November 29, 2013, around 21:30 on November 29, 2013, the Defendant: (a) had sexual intercourse with the wife E (the age of 32) who was divorced from the Defendant’s wife E (the age of 32) located in the said restaurant; (b) placed the net, which was a dangerous object in custody in the G car owned by the Defendant, on the part of the said restaurant, on the part of the Defendant, and had the victim injured the victim when the victim was blue with his blue blus, leaving the victim out of the G car stored in the said restaurant; and (c) had the victim injured the victim of the blue blus, thereby leaving the victim out of his blusium, for about four weeks of treatment.

Accordingly, the defendant possessed dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and H;

1. On-site photographs and photographs of nets;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, and Article 257 (1) of the Criminal Act (the point of an injury by carrying a deadly weapon);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] - In cases of habitual injury, repeated injury, special injury [Special Convicted Person] - In cases of reduction elements: Decision on the area of mitigation [the scope of recommendation] [the scope of punishment] 1 year and June 2 years [the scope of general person] - Reduction elements - The amount of serious reflect [the scope of punishment] applicable provisions of law: Three years or more [the amount of suspension of execution] major reasons for writing - Major reasons for writing (including a serious effort to recover damage): General reasons for writing (including a serious effort to recover damage): Action that could cause harm to the life of the defendant; circumstances leading up to the defendant's act that could cause harm or harm to the defendant's life; circumstances leading up to the occurrence of the crime in this case; and netization of reasons for writing.

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