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(영문) 서울동부지방법원 2014.09.25 2014고단639
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On November 3, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), etc. at the Seoul Eastern District Court, and completed the execution of the sentence on May 2, 2013.

【Criminal Facts】

The defendant is the victim C (V, 52 years of age) and the married couple who reported marriage before three years of age.

On August 22, 2014, at the house of the defendant 22:15 on 18. 203. 18. 22:15, the defendant carried a fluoral disease, which is a dangerous object, such as having the victim go against the victim's face, and having the victim go against the victim's head at a television bed, which is a dangerous object, in order to keep the victim's head, and to have the head cut down. The defendant suffered an injury in the number of days of treatment by carrying the fluor's disease, which is a dangerous object, such as having the victim go against the victim's head, and having the head cut down.

Summary of Evidence

1. Each legal statement of witness C and E (C part);

1. A protocol concerning the suspect examination of the accused;

1. Part of the police statement concerning C;

1. C’s statement;

1. Some of the damaged photographs and the studs photographs used for committing the crime, and the damaged photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

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 proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] Type 2 (100 million won or more) (2) (1 to 50 million won) (1 to 3 years) of the basic area (1 to 50 million won) [decision of sentence] [the crime of this case] is a crime committed by the defendant carrying with himself a ward who is a dangerous article for the victim who is his wife, and the degree of danger is high in light of the applicable criminal law, etc., and the defendant committed the above crime during the period of repeated crime, and the defendant is a disabled person.

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