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(영문) 수원지방법원 안산지원 2014.09.25 2014고단1227
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

Punishment of the crime

At around 13:00 on April 30, 2014, the Defendant: (a) 13:00, at the residence of the Defendant located in Ansan-si, the Defendant: (b) on the ground that the Defendant’s wife D (at 30 years of age) demanded divorce; and (c) neglected the Defendant’s reputation, the Defendant d's wife (at 30 years of age); (d) 1 time at the kitchen, the head of the victim, who was working on a day, was brupted with anti-brupted net (up to 40cm in length) one time, which is a dangerous thing for the victim’s head, and (e) d's head head and d's head and d's part, which are twice the victim’s head.

As a result, the Defendant inflicted injury on the victim, such as cerebral ley which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs related to the case;

1. Application of Acts and subordinate statutes of a medical certificate;

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. The grounds for sentencing under Article 62(1) of the Criminal Act are against the defendant, the full agreement with the victim is reached, the same type of punishment power and the suspended execution power has no capacity to punish the defendant, the circumstances of the crime in this case, the family relationship, health conditions, etc.

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