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(영문) 의정부지방법원 2015.11.27 2015고단3770
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Around June 7, 2002, the defendant suffered conflicts with the husband of the victim C (mast, 42 years of age) who was married with the victim, due to frequent workplace common sense of the victim and late returning home, etc.

At around 02:00 on September 27, 2015, the Defendant confirmed the mobile phone contents of another victim's victim's cell in the residence of the defendant who is located in the Do Government-si D building 302, and in the case of the victim's shower.

The text messages called ‘Eved' that the victim sent to E, who is the head of the workplace team, have been discovered and talked.

Accordingly, the Defendant saw the camping net in the front door and entered the front door room, stating that “I am hicker team leader hicker hicker hicker hicker hicker hicker hicker hicker, hicker hicker hicker hicker hicker, hicker hicker.

The defendant continued to use a knife (24 cm a day, 14 cm a total length, 38 cm a day), which is a dangerous object in the main room, and followed the victim who escaped out of the house, and moved out of the house, to the entrance of the parking lot in the above dwelling area, led the victim's head knife and two knife (5 cm adife, 5 cm adife) with the victim's head knife and two knife in the above knife (5 cm adife, 5 cm adife) which require approximately 4 weeks of medical treatment, and around 8 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. On-site photographs and photographs of damaged parts;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 62 (1) of the Criminal Act;

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the range of recommending punishment] The aggravated area (three to five years) of the type 1 of habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, special injury).

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