(영문) 대전지방법원 홍성지원 2014.04.18 2013고단1080

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(영문) 대전지방법원 홍성지원 2014.04.18 2013고단1080

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person in a de facto marital relationship with the victim C (59 years of age, women) for a period of ten years.

On July 25, 2013, around 21:00, the Defendant took the victim’s face at 3:4 times from 200 to 4 times, with the victim’s right hand, on the ground that the victim returned home late in the residence located in Boan-si D.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness C’s partial statutory statement statute

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the choice of fines for the crime (the first time when the victim seems to have exercised violence against the defendant, the degree of such violence and the result thereof, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. On July 25, 2013, the Defendant: (a) while she was in dispute with the victim on the ground that the victim returned home late at the residence located in Boan-si D on July 25, 2013, the Defendant left the victim’s face at the right right hand with the 3-4 hand of the victim’s face; (b) cut her head and her head by cleaning the victim’s seat at the ward; and (c) the Defendant kept the victim’s right eye by a cigarette fright, which is a dangerous object the Defendant was faced with, and continued to use the victim’s body on the floor, which is a dangerous object in front of the victim’s body, and continuously left part of the victim’s body and left part that requires treatment for about 14 days.

2. The summary of the defendant and his defense counsel's assertion made the defendant 3 to 4 times the victim's face was flicked by breathing breath from the victim at the time of the instant case, and the victim's face was clicked. Since then, the defendant and the victim were able to carry out flick with each other's hair and breath, and the other party was faced with flick, but the other party did not comply with it.

참조조문

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