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(영문) 부산지방법원 동부지원 2014.05.28 2014고단622
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:25 on April 9, 2014, the Defendant: (a) asked the victim E (the 36-year-old) to check whether the Defendant’s wife was in in infinite relationship with the Defendant’s wife at the second floor “D” restaurant of Busan Shipping Daegu, Busan, and demanded the victim to maintain the relationship any longer; (b) hear from the victim the statement that the Defendant’s wife was gathering the Defendant’s wife on the victim, and continuously talks with the victim whether the Defendant finites the Defendant’s drinking while the Defendant was unable to finite the Defendant’s drinking, and fincing the finite (total length 41cm, 26ccm in length) with the deadly weapons in possession of the Defendant, but the victim tried to inflict the Defendant’s arms and resisted, and led to the finc of the victim’s knife.

As a result, the defendant carried a deadly weapon with a deadly weapon and inflicted an injury on the victim with a scarcity in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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. The reason for sentencing under Article 62(1) of the Criminal Act is not good for sentencing, and the blades used for the instant crime are very dangerous articles that can kill people, and the degree of injury suffered by the victim is not that of the instant crime, strict punishment against the Defendant is required.

However, the defendant's mistake has been divided in depth for about two months through confinement and again does not repeat again. The defendant's drinking together with the victim suspected of having an inhumane relationship with his own wife and caused the crime of this case by contingency, and there are circumstances to consider the circumstances, and the defendant's wife by agreement with the victim.

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