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(영문) 전주지방법원 군산지원 2015.09.18 2015고단624
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant, who was in a de facto marital relationship with the victim C (math, 54 years old) as a person without permission, was willing to assault the victim by advertising the fact that the victim meets another male.

On June 6, 2015, at around 10:30 on June 10, 2015, the Defendant, in E operated by the victim in Gunsan-si D, read, “Sek knk kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Application of reports on internal death (with respect to military interest knife used by a suspect) and photographs and Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the mitigation area (including a person who has been subject to special mitigation) [4-1-2] mitigation area (including a serious effort to recover from damage], or considerable damage has been restored [decision of sentence] the defendant carried dangerous articles and assaults a female victim, but the nature of the crime is poor. However, even though the victim does not want the punishment of the defendant because the victim was agreed smoothly with the victim, it is against his/her own criminal act, and the degree of damage has not been excessive, the sentence shall be determined as per the order.

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