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(영문) 의정부지방법원 2015.06.16 2015고단1347
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was married on May 7, 2004 with the victim D (math, 34 years of age) and the husband of the victim who was divorced on November 23, 2010.

1. Around 00:20 on April 14, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) brought the victim’s face one time, several times at drinking, and the kitchen knife, which is a dangerous article on the top of the kitchen, continuously threatening the victim to “brue” while threatening the victim to “brue” and put about two times at an open room, etc. of the fnife part in which approximately two weeks of treatment is required for the victim.

2. The Defendant continued to violate the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) and made intimidation by cutting off the kitchen, which is a kitchen, which is a dangerous thing cited by the victim, at the time and place specified in the preceding paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Photographs photographs of victims (shotics made out of records of statements);

1. Application of Acts and subordinate statutes to the injury diagnosis certificate (victim D);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act on Probation, a person who is not subject to punishment for the mitigated area (one year and six months to two years) (one year and six months) of Class I (a person who is subject to special mitigation) of Article 62-2 of the Criminal Act shall be sentenced to the mitigated area (a person who is subject to special mitigation).

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