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(영문) 전주지방법원 정읍지원 2014.02.18 2013고단469
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant previously accused C(52 years of age) that the victim C(52 years of age) was punished by reporting a drunk driving.

At around 18:00 on April 14, 2013, the Defendant confirmed that the victim was in his house and received the face of the victim from his head after having confirmed that the victim was in his house, and applied the knife knife, which is a dangerous object in his ward, to knife the victim’s knife, and applied the victim’s knife to knife, “a fine has been imposed 1.5 million won due to width, will be dead,” and the above knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do144, Jan. 1, 201; 201Do1335, Feb.

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. The dismissed portion of the probation and community service order under Article 62-2 of the Criminal Act;

1. At around 18:00 on April 14, 2013, the Defendant assaulted the victim in a manner that he listens to the horses that she talks from the victim E (n, 45 years old) who is the wife of C at the office of Jung-gu, Jung-gu, Seoul, in a manner that she takes off from the victim E (n, e.g., the wife of C) and talks with the head of the victim by opening the door so as to make it difficult for the Defendant to do so.

2. The facts charged in this part of the judgment are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, on February 14, 2014, after the institution of the instant indictment, the victim did not wish to be punished against the Defendant.

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