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(영문) 창원지방법원 밀양지원 2015.10.15 2015고단328
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

On May 8, 2015, the Defendant and the victim C began living together on the premise of marriage, and reported marriage on June 8, 2015, but they agreed to divorce for reasons of frequent assault, etc. by the Defendant.

1. Around May 31, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) said that the Defendant and the victim’s residence located in D at the center of Manyang-si, and without any reason, said that the Defendant “nmany feascing” was the victim while drinking alcohol as the victim, and the victim’s knife knife knife, which is a dangerous object at that place, puts the victim’s breath on two occasions, and puts the victim into a multi-level open address that requires approximately three weeks of medical treatment.

2. Around July 20, 2015, the injured Defendant: (a) took the victim’s head and side part of the victim’s head and side part of the victim’s body, without any justifiable reason, while drinking alcohol, such as the victim; (b) took the victim’s head and side part of the victim’s body, and (c) took part in the victim’s eye pool and the part around the snow that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each report on investigation;

1. Application of the head of a complaint, a medical record, and each statute;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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 (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that although the method of criminal administration is very dangerous and poor, it is against his/her mistake during a certain period of detention,

1. Probation under Article 62-2 of the Criminal Act;

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