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A defendant shall be punished by imprisonment for 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
On August 10, 2014, the Defendant: (a) around 02:20, at the Defendant’s house located in Ansan-si, and (b) took the Defendant’s wife victim D (56) who was under the influence of alcohol and diving in the shoulder room; and (c) on the ground that the Defendant did not come to the living room, the facts charged in the charge of a dangerous thing in the kitchen are indicated as “a deadly weapon,” but deemed as “a dangerous thing.”
In order to bring excessive (12 cm in length, 25 cm in total length) to a ward, to put the victim D into a ward, and to put the chest of the above over-road E (18 years old), which is the defendant's her mother, was displayed in the same way.
Accordingly, the defendant committed violence to the body of victims by carrying a deadly weapon.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of D and E;
1. Investigation report (in the case of a reference witness F, hearing statements made in victim D phone), investigation report (in the case of a victim's D phone statement hearing), investigation report (in the case of a recording report);
1. A transcript;
1. A CD of a video file taken by the victim E;
1. Application of Acts and subordinate statutes governing the site and excessive photographs;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The crime of this case committed by the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is a crime of domestic violence committed by using excessive goods, which are dangerous to his spouse and children, and the nature of such crime
In addition, the victims appealed from the police investigation that "the defendant drinks and repeats the riot", and the defendant tried to reduce the responsibility in the investigation process.