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(영문) 대전지방법원 2015.05.12 2015고단573
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

1. Around 22:00 on October 2013, the Defendant committed an assault against the victim, such as setting off the victim’s neck at a canter and cutting off the victim’s neck with a single hand, which is a deadly weapon (9 cm length) with a single hand, on the ground that the Defendant’s wife D (here, 52 years old) went back late due to late arrival of the Defendant’s wife, at around 22:0, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.).

2. The Defendant: (a) claimed that the Defendant did not return the Defendant’s assault to the Defendant’s house, and did not return the Defendant home; (b) claimed the dissatisfaction, and (c) claimed the Defendant’s house while drunk.

At around 00:20 on March 3, 2015, the Defendant: (a) reported the victim’s f apartment 108 Dong 407, Seo-gu, Daejeon, Seo-gu, Daejeon, and 108 Dong 407, f apartment 108 Dong 407, and boomed the victim’s breath, and flading the victim’s chest part once, and flading the victim’s her face one time due to drinking, thereby causing injury to the victim for about 14 days, such as light flad, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Each statement of H, E, and G;

1. Seizure records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes; Articles 260 (1) and 257 (1) of the Criminal Act concerning the punishment of crimes;

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

1. Article 62 (1) of the Criminal Act (see, e.g., the fact that the victim has agreed with and that it appears to have deeply reflected during detention);

1. It is so decided as per Disposition on the grounds of Article 48(1) of the Criminal Act or more;

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