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(영문) 의정부지방법원 2014.04.30 2014고단132
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a married couple relationship with the victim C (math, 32 years of age), and is a father of the victim D(8 years of age).

1. At around 22:40 on November 28, 2013, the Defendant: (a) 22:40, the Defendant carried the victim’s head with a brue E House 203; (b) carried the victim’s face by pushing the victim’s c; (c) prevented the victim from assaulting the victim’s son on several occasions; (d) taken the victim’s face by drinking the victim’s head on several occasions; and (e) taken a brue and dangerous object in the main room after walking the victim’s head with a brue and dangerous object; (c) taken the victim’s head with a brue’s head with a brue head with a brue, flue with the victim’s head; (d) took care of the victim’s head and knick with the victim’s head and knish with the victim’s head on the brue of the flue, knick, and sustained the victim’s face.

2. The Defendant, in the above date, at the above place, and at a small room, knife the hair of the victim DNA by hand, and committed violence against the victim by putting the victim's head into a knife with the victim's knife, brue, brue, and dangerous object, and by carrying a dangerous object with the victim's head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

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 260 (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. The grounds for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a lecture shall be the first crime (decision of type) violence;

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