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(영문) 창원지방법원 2015.08.13 2015고단1426
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is currently married to the victim C(n, 49 years of age) in 199 and is currently serving in a divorce lawsuit.

At around 22:20 on April 25, 2015, the Defendant collected one main illness, which is a dangerous object on the table table, on the ground that the victim avoided the Defendant’s telephone contact, and gets off one time the head of the victim’s body three times by walking the body of the victim, thereby requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing appraisal and commission;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Where the area to be mitigated (one year and six months to two months), the area to be mitigated (including special mitigation), the area to be mitigated (one year and six months to six months), the area to be mitigated (including advanced efforts to recover damage), or considerable damage has been recovered (a decision to punish a sentence] one year and six months, the suspended sentence of two years (two years to be disregarded), the area to be suspended (one year and six months, the agreed fact that no injury has been committed, the fact that agreement has been reflected, etc.);

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