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(영문) 부산지방법원 2012.09.13 2012고단4292
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 of the final judgment.

Reasons

Criminal facts

Although the Defendant reported a divorce with the victim C (or 44 years of age) legally, but maintained a de facto marriage relationship, the Defendant was living separately due to economic problems, etc.

On May 29, 2012, at around 23:20, the Defendant: (a) found the victim’s E restaurant located in Young-gu, Busan, and performed drinking alcohol, and (b) took a knife knife (17 cm in length, 30 cm in total length) that is a dangerous object at the victim’s flife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

The Defendant, following the victim, sought a knife knife of a female’s head, and sought a knife knife of the female’s head, “the knife is the end, the dead, the dead and the dead.”

The part of the left part of the woman's loss, which prevented it, was laid to be 21 days of medical treatment, and the part of the loss was laid to the woman.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Records, 28, 29, 31, 86);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act ( repeatedly considering the circumstances to be considered as the reasons for sentencing as follows);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act refers to the case where the defendant uses a knife, which is an article dangerous to the victim.

It is an unfavorable circumstance that the motive and background of the crime, and the result of the damage are serious.

On the other hand, the defendant in 198.

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