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(영문) 수원지방법원 안양지원 2015.08.21 2015고단824
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

From around 2007, the Defendant is a person in a de facto marital relationship with the victim C (Nam, 46 years of age).

At around 06:45 on April 27, 2015, the Defendant listened to the Defendant’s home, which was located in Ansan-si D and B01, that there is a woman in an inhuman relationship with the victim during a dispute with the victim. On the other hand, the Defendant collected a knife, which was a deadly weapon on the kitchen, in the kitchen, and 35cm (23cm in length, the knife length). The Defendant saw the victim’s body toward the part of the victim, and caused damage to the victim by putting the victim’s left part of the knife with the above knife, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Application of each statute on photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is that in the event that an intentional injury is committed with dolusent or willful negligence in the area of special mitigation (9-2 months and 6 months), types 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Contributor), the special mitigation area (9-2 months) (special mitigation), there was two domestic violence cases in the last one year (decision of sentence], among which one case was subject to the disposition to entrust counseling to the Domestic Violence Counseling Center, but it seems that the counseling could

On the other hand, it seems that the victim is responsible for the occurrence of crime or the expansion of damage, and that there is no criminal record, etc. are favorable circumstances.

Comprehensively taking account of these circumstances, the sentence as ordered shall be determined.

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