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(영문) 부산지방법원 2014.07.24 2014고단3261
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

In around 1991, the defendant married with the victim C (V, 45 years old) and divorced around 2006.

At around 12:20 on October 1, 2012, the Defendant found the victim's residence in Busan, which had been living in Busan, that the victim did not take the victim's horse. The victim was able to take the victim's cleep once, when the victim cleeps the victim's hair, shoulder, booms the victim's hair, booms the victim's click, clicks and mixed days, which are dangerous things in the kitchen, and then the victim threatened the victim with the day of the kitchen and mixed with the kitchen, which are dangerous things in the kitchen. After the victim was broken on the floor, the victim was flicker's disease, which is a dangerous object, and the victim was flicked with the victim's hand by facing the victim.

As a result, the defendant carried dangerous objects and teared the part of the victim's finger, and caused the victim's bodily injury on the part of the victim's arms and hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. An environmental survey report and a survey report prior to determination;

1. Photographs (such as the upper part, etc.);

1. Application of Acts and subordinate statutes to report on investigation (to hear victim's telephone statements, etc.);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant seems to have committed the crime of this case in a contingency and impulse) is that the defendant again committed the crime of this case even though he had the record of being sentenced to suspended execution and fine several times of the same crime, and the crime of this case is serious and unabrupted by the victim who is the former wife due to a kitchen knife, a knife, a knife, a knife, and the degree of damage. In addition, considering all the circumstances such as the background, means, method, and the degree of damage that the defendant committed the crime of this case, the decision is made.

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