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(영문) 수원지방법원 안산지원 2015.04.28 2015고단504
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (44 years of age, women) and the married couple.

1. On November 19, 2014, the Defendant: (a) around 23:30, around 23:30, at the Defendant’s residence, divided the victim into two parts, on the ground that the victim had drinking alcohol and delayed drinking; and (b) collected the victim the victim a face value of a dangerous article in the kitchen; (c) had the victim collected the 1st head of the front of the treatment days (1.5-2 centimeters above the upper part of the treatment days).

2. On January 9, 2015, at the same place as above 21:30 on January 21, 2015, the Defendant: (a) divided the victim into drinking alcohol and delayed drinking; (b) divided the victim’s head and chest, body body part into several occasions; (c) taken side bucks with the victim, etc.; (d) taken side bucks, bucks, etc., from several times; (e) taken twice the head part of the victim’s head with a plastic network (the length of 25cm) which is a dangerous object; and (e) taken two times the victim’s body part with an Aminium cleaning machine (the length of 150cm) which is a dangerous object, and brought about two times the victim’s body part, with an electric poster (the length of 40cm) which is a dangerous object, and brought about two times the victim’s body part and the part requiring treatment, etc., such as the victim’s shoulder and the part requiring treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against D and B;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following reasons for sentencing): The crime of this case is not less complicated than that of causing multiple injuries to the spouse who is vulnerable to the crime as dangerous articles.

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