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(영문) 부산지방법원 2014.06.11 2013고단9423
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was in a de facto marital relationship with the victim C (man, 54 years old) by living together for 13 years.

1. Around 19:00 on February 1, 2013, the Defendant: (a) committed an act of assaulting a victim by threatening him/her with a brupt (30cm in length, 30cm in diameter, 77cm in length in length) which is a dangerous object at his/her new storage place (the knb) on the ground that the victim tried to send him/her to a mental hospital at the victim’s house located in Busan B, Busan, with a view to threatening him/her to commit an act of assaulting the victim’s brut with another hand; and (b) threatening him/her with another hand.

2. On July 24, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) demanded the victim to be temporarily set away while drinking alcohol at the same place as the preceding paragraph, but the victim rejected the request, and caused the victim to escape in line with the back head of the victim, thereby causing the victim to suffer an injury in the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a record for initial investigation);

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous objects), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of injuring carrying dangerous objects);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommendations according to the sentencing criteria;

(a) Violation of the Punishment of Violence, etc. Act: Imprisonment with prison labor for April to one year (the type 6 of the assault crime is not subject to punishment).

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