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(영문) 대전지방법원 홍성지원 2015.08.26 2015고단485
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 in a de facto marital relationship with a victim C (nive, 62 years of age).

The Defendant, from around 23:00 on June 17, 2015 to around 01:45 on the following day, was drinking by the victim from Bosi-si D, 119 Dong 314 on the ground that the victim refused marital relationship, and was walking the shoulder and breast at several times due to scams, and the victim reported to 112 on the 112, took part of a food map (34cm in total length, 20cm in knife length, 12cm in total) and a excessive (22cm in knife length, 12cm in knife length).

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. Seizure records;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (Evidence No. 41 of the Evidence Records);

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 (i.e., taking into consideration circumstances favorable to the fact that the defendant reflects his depth and that the defendant does not want the punishment against the defendant by an agreement to adjust a de facto marriage with the victim, and that the victim does not have any criminal record of suspended execution or more

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for the purpose of sentencing [the scope of punishment by law] under Article 48 (1) 1 of the Confiscation Act: Imprisonment with prison labor for not less than 6 months but not more than 15 years (Application of the sentencing criteria): The area of recommending not to punish violent crimes, assault crimes, Type 6 (Special Violence): the area of recommending punishment and the scope of recommending punishment: The area of mitigated punishment; the scope of recommending punishment amended for not less than 4 months but not more than 1 year and not more than 2 months: Imprisonment with prison labor for not less than 6 months and not more than 1 year and not more

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