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(영문) 서울동부지방법원 2015.12.24 2015고단3348
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

1. Around 16:10 on August 20, 2015, the Defendant violated the Punishment of Violence, etc. Act (a collective injury, etc.), at the home of the Defendant in Songpa-gu, Songpa-gu, Seoul, brought an dispute as to the victim D and his property issues, and when the Defendant brought an dispute as to the victim D and property issues, the Defendant brought the transition (a about 12 cm in the length of the knife) that is a dangerous thing in the kitchen at the victim’s clothes, into the victim’s clothes, and brought the knife into the victim’s clothes, and the victim fageed, brought an injury of the victim’s number of days of treatment in order to take the Defendant’s hand, who was in a knife of the knife and cut the excessive knife of the knife.

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

2. At the time and place set forth in Paragraph 1, the Defendant, at the victim E and the victim F, who is his or her father, who is his or her father, brought the transition set forth in Paragraph 1 into his hand and called “prisoning the death of his or her husband.”

Accordingly, the defendant carried dangerous articles and threatened victims at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and E;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 257 (1) of the Criminal Act (the point of inflicting an injury on carrying a dangerous object), Articles 284 and 283 (1) of the Criminal Act (the point of threatening to carry a dangerous object);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for crimes of special intimidation against punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

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 48(1)1 of the Criminal Act, the background and content of each of the instant crimes, and the Defendant, from around 2005 to the time of the occurrence of the instant case, maintains de facto marital relationship with the victim D.

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