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(영문) 광주지방법원 2013.04.18 2013고단361
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2012, at the defendant's house located in Gwangju Mine-gu, the defendant collected trees d (3 cm thick, 88 cm in length) dangerous to the defendant's inside and outside on the ground that the wife victim D (the 61-year-old age) neglected the defendant, and opened the victim's two parts and body for about 8 weeks of treatment in the right, the inner walls, the inner walls, left side and lower walls, the upper part, the lower part, the upper part, the lower part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part of the body of the defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A copy of the statement of opinions;

1. Application of the photographic Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. In light of the reason for sentencing under Article 62-2 of the Probation Criminal Act, even when considering the motive for the instant crime, there is a need for a strict punishment for the Defendant, taking into account the fact that the spouse who had led to marriage life for about 41 years was discriminated against in dangerous articles, thereby causing an eight-dimensional injury.

However, considering the special circumstances such as the defendant and the victim are the first offender, the confession and reflect of the crime of this case, and the sentence to the defendant is not a able to sentence. Furthermore, the victim and the consciousness appeal against the defendant on the premise that the defendant would receive alcohol addiction treatment, and considering the fact that the defendant is faithfully receiving the above treatment, it is ordered as per the disposition.

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