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(영문) 대전지방법원 2014.11.20 2014고단3214
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

The defendant was living together from April 2012 with the victim C (nive, 44 years of age).

On September 4, 2014, the Defendant: (a) around 20:30, at the victim’s house located in Daejeon Dong-gu D apartment 210 Dong-dong 1903, and (b) on the ground that, under the influence of alcohol, the Defendant: (c) she was frighted to the police box under the influence of alcohol; (d) she was frighted to the victim, and she was frighted by both hand while taking the victim’s bath; (c) she was frighted to the chest; (d) she was frighted on the part of the ship; (d) she was frighted with dangerous objects that were kept in the kitchen; and (e) was knifeed with the victim’s bed; and (e) she was frighted with the victim for about three weeks of treatment by assaulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] The grounds for sentencing under Article 62 (1) of the Criminal Act shall be taken into account all the conditions for sentencing, such as the group of violent crimes, violent crime group, habitual injury, repeated injury, special injury (type 1), mitigated area, one year and six months to six months [decision of a sentence] and one year and six months [decision of a sentence] of the same suspended sentence; two times of a fine for the same kind; two times of a fine; one time of a suspended sentence; one time of a suspended sentence of a different type; the violation of the law by which a fine for a different type is imposed; three times of a fine; the violation of the law by which

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