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(영문) 서울남부지방법원 2014.07.02 2014고단1910
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 and the victim C(the age of 32) are under the discussion of divorce between husband and wife.

On May 17, 2014, the Defendant: (a) around 20:50, at the Guro-gu Seoul Metropolitan Government D2 level, sent the kitchen (30cm in total length, 20cm in blade) which was a deadly weapon in the front of the Defendant, with a view to the victim’s item, and “bruting the victim’s face, chest, etc.” (20cm in total). On May 17, 2014, the Defendant saw the victim as a deadly weapon in the front of the kitchen, which was a deadly weapon in the cover of the Defendant’s female relationship, and led the victim to approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol concerning suspect interrogation of C;

1. A written diagnosis of injury;

1. Each report on investigation;

1. Application of each statute on photographs;

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 reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Where the mitigated area (one year and six months to two months), the mitigated area (including specially mitigated persons), the punishment not (including advanced efforts to recover damage), or the considerable partial damage is restored (the decision of sentencing) is the same as the order of a suspended sentence;

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