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(영문) 인천지방법원 부천지원 2014.06.18 2014고단795
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 de facto marital relationship from around August 201 with the victim C (nive, 51 years of age).

1. On March 26, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc. and damage) set off a cell phone, which is a dangerous object to the victim’s mobile phone, on the ground that the victim had a meeting and returned home late at the meeting, around 21:30, 1409 (E apartment) of the building D, 103, 1409 (E apartment), thereby damaging the repair cost.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) at the same time and at the same place as mentioned in the preceding paragraph, thereby destroying the cell phone of the victim and intending to see the victim again, intending to see him/her, she sees the victim’s face, sees the victim’s face by drinking himself/herself, making him/her / her away from the face of the victim, and trying to see him/her with a watch inside his/her house and by drinking him/her.

As a result, the defendant carried a dangerous article, and inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning C;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

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 (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is not good in light of the method or mode of the crime of this case. However, the defendant shows an attitude to mislead and reflect the defendant, and agree with the victim.

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