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(영문) 대전지방법원 천안지원 2013.09.06 2013고단984
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

Around July 25, 1992, the Defendant reported the marriage with the Victim C (V, 43 years of age) and was legally married with the Victim. Around May 2012, the Defendant discovered another male's telephone number from the cell phone used by the Victim and doubtful the appearance of the Victim.

1. At around 03:00 on March 15, 2013, the Defendant: (a) at the Defendant’s house located in Da apartment 303 1403 dong-gu, Dong-gu, Dong-gu, Dong-gu, 2013, the victim was late at the time of drinking; (b) the Defendant’s house refers to “Iskin, what gushes gushes and how Is go in, and how Isn't go in,,” and (c) the victim was a kitchen with a kitchen, which is a dangerous thing in the kitchen.

As a result, the Defendant inflicted an injury on the number of days of treatment, such as getting the victim under the victim's item.

2. On July 20, 2013, at around 23:50, the Defendant left the victim’s head, who was living in the ship where the victim was living in the ship where he was living in the ship, on the ground that the victim was required to proceed to divorce, around 303 1403 dong and 1403 dong and drinking with the victim.

As a result, the Defendant inflicted an injury on the victim due to the number of days of treatment, such as cutting the body frame.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Photographs of the victim;

1. Report on the occurrence of the case, and report on the internal investigation;

1. Records of seizure and the list of seizure;

1. On-site photographs and photographs of seized articles;

1. Each report on investigation;

1. Application of the reply statute to the fact-finding inquiry

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act lies in two times following the previous crime.

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