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(영문) 창원지방법원 마산지원 2013.11.13 2013고단559
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

On July 25, 2003, the Defendant married the victim B (n, 34 years of age) and on July 25, 2003, but was married by agreement around February 22, 2012.

Around 05:00 on August 19, 2012, at the victim's house located in Changwon-si, Changwon-si, the Defendant: (a) committed assault on the part of a woman on the part of the woman, for the reason that the said victim refused to engage in a sex relationship; (b) in a number of occasions, the victim was able to take off head bonds; and (c) in a case where the buckbuck paper is 20 times, the Defendant assaulted the Defendant on the part of the woman, that is, dangerous articles in the inside (19cm in total length, 7cm in blade length).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes on report of internal investigation (limited to attachment of photographs);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of crimes, etc.);

1. Article 62 (1) of the Criminal Act (agreement, reflectment, etc.);

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