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(영문) 대구지방법원 경주지원 2013.07.10 2013고단396
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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 is a person who has a de facto marital relationship while living together with the victim C (nive, 40 years old) and 10 years old, and has been divorced until now.

At around 00:55 on May 24, 2013, the Defendant: (a) concealed the transition (20 cm in length, 11 cm in length) that was dangerous to the victim on the ground that the victim did not fully repay his/her own debt under the influence of alcohol at the victim’s house located D on May 24, 2013; (b) carried the victim’s hand, forced the victim to take the hand, and opened the knife with the victim, and pushed the victim with the knife with the knife with the knife with the knife of the knife; and (c) assaulted the victim, such as leaving the knife with one hand the knife of the knife with the knife of the knife on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution against C;

1. Application of the Acts and subordinate statutes on investigation reporting concerning criminal implements;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act)

1. Article 62 (1) of the Criminal Act on the stay of execution;

1. The defendant and his defense counsel asserted that the defendant and his defense counsel had a state of mental disability due to the detention at the time of the crime of this case.

However, according to the records, although the fact that the defendant was drunk at the time of the crime of this case is recognized, in light of the background, means and methods of the crime of this case, the defendant's behavior before and after the crime of this case, etc., it is not recognized that the defendant had weak ability to discern things or make decisions, and therefore, the above assertion is concerned.

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