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(영문) 부산지방법원 2014.05.28 2013고단7683
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of the victim C (math, 27 years of age), and the victim is the disabled of the second degree of intellectual disability.

At around 13:45 on October 16, 2013, the Defendant committed assault against the victim by threatening that “the victim will die and kills as a murderer,” and by threatening that “the victim will die and kills as a homicide,” while she had a dispute about the care of the victim and her children. The victim would take a deadly weapon (20cm: 10cm in total length, 10cm in length: 10cm in length) which was in the defective kitchen in order to prevent assault, such as taking the victim’s drinking, etc., by taking a deadly weapon in the defective kitchen.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Recommendation] Crimes under Special Violence (Type 6) (Type 6) (Special Violence: Imprisonment with prison labor for 6 months to 1 year) (special imprisonment for 6 months)] and there is no person [special imprisonment] [decision of sentence] The defendant shows the attitude that the defendant misleads the defendant and reflects the defendant, and the circumstances of the crime, etc.

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