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Reasons
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(영문) 대구지방법원 서부지원 2015.05.01 2015고단193
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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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 had maintained a de facto marital relationship for about 20 years with the victim D (the age of 46). On January 2015, 2015, the Defendant heard that the victim was frequently allowed to enter a soup and soup in front of the F in Daegu Seo-gu E together with another male and waiting for the said soup.

At around 19:30 on February 5, 2015, the Defendant discovered the victim before making soup, and exercised violence in the process of demanding the victim to confirm the reason for the withdrawal and to comply with the ruling as follows.

At around 00:00 on February 6, 2015, the Defendant: (a) talked with the victim at the location of the suspect in Daegu-gu Seo-gu G in order to view the story more, and (b) took drinking together with the victim so that the victim would not take the request for judgment, and (c) took the part of the victim’s chest back to the gambling tape in order to prevent the victim from escape, and (d) took part of the victim’s breast at hand, and (e) took part of the victim’s breast, which is a dangerous object in the living room, and took part of the victim’s head, arms, face, etc., and prevented the victim from taking part of the victim’s hair out of the said house until 05:30 on the same day.

As a result, the Defendant carried dangerous articles with the victim, thereby causing injury to the victim, such as cerebral salins that need to be treated for about 28 days, and detained the victim for about 5 hours and 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. On-site photographs;

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

1. Article 3 (1), Article 2 (1) 2 and 3 of the Punishment of Violences, etc. Act concerning the crime, Articles 2 (1) and 276 (1) of the Criminal Act, Articles 257 (1) and 276 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act shall apply.

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