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(영문) 대구지방법원 2013.08.30 2013고단4149
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On May 1996, the defendant and the victim C (the age of 47) reported marriage and divorced on June 3, 2013.

On March 17, 2013, at around 20:15, the Defendant: (a) 20:15, when the victim was going to go to the front of the E pharmacy located in Daegu-gu, Daegu-gu, and was coming from the tourist bus, the Defendant was identified as the Defendant to other other drivers while trying to board and move a mixed taxi without tending to answer the questions of the Defendant during the dialogue with the Defendant; and (b) on the ground that “I need not get a child and have divorced, I need not her husband.” The Defendant saw that he was killed of the victim’s chest by drinking breath around the floor, cutting down the victim’s chest on 3-4 occasions by drinking breath of the victim’s chest, and then, he was the victim’s breath (22 cm in length) with the phrase “the dangerous things possessed by the Defendant.”

The Defendant teared several times the parts suffered by the victim using the word knife knife (1cm in length, 12cm in total length) which is a dangerous object in his possession.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of crimes;

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 (the confession of a crime, reflects the crime, and the victim does not want the punishment, and considering the fact that the victim does not have recent criminal records of the same kind);

1. It shall be decided as per the disposition of the suspended execution on the grounds of not less than Article 62 (1) of the Criminal Act (the grounds for discretionary mitigation);

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