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(영문) 대구지방법원 김천지원 2014.08.07 2014고단601
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 and the victim C(the age of 44) are in the legal marital relationship that currently maintains a marital relationship.

On June 6, 2014, at around 02:35, the Defendant, while under the influence of alcohol, had the victim walked on the part of the victim, on the ground that the victim “sprinke, sprinke” and sprinked in the 307 Gumi-si Doro 103-dong 307, and had the victim walk on the part of the victim, thereby leaving the part of the victim’s ship on the floor and leaving the part of the victim’s ship on one occasion.

The Defendant brought about 20cc in excess (20cc in length) which is a dangerous object on the main part of the Victim's body, by walking the victim's body two times, and threatened the victim with excessive alcohol by excessively cutting the victim's head knife into the right hand after the victim's head knifeing the victim's head knife with the victim's left part, and then faced the victim with an injury, such as a duplicing of the chat of the victim's head knife of the victim's head knife, knife the victim's head knife into the toilet, and knife the victim's head knife into the toilet for about 42 days.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Three copies of the report on seizure, the list of seizure, the report on investigation, and on-site photographs;

1. Application of four copies of the victim's body photograph, and one copy of the death diagnosis report to the 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. The case is not easy in that the method of assault and injury under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are not limited to all the methods and degree of assault and injury, and the case is committed under the circumstances reported by his/her father. However, it seems that the victim committed the remaining crime in a prudent manner. The relationship between the two persons appears to have not been bad in the ordinary sense, and the defendant is her husband and wife.

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