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(영문) 인천지방법원 2015.08.31 2015고단2617
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim B(the age of 43) are de facto marital relations that continue to live in the same house until now after the agreement was reached around November 2014.

On January 30, 2015, around 21:15, at the victim's house located in Seo-gu Incheon, Seo-gu, Incheon, and 402, the Defendant changed the body of the victim, etc. one time, such as the victim, on the ground that the victim, “I live in the house if I would drink the drinking. I would see why I would drink the drinking. I would have already divorced, and why I would not see why I would drink the drinking in the house.”

Summary of Evidence

1. Defendant's legal statement;

1. B Written statements;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 260 (1) of the Criminal Act;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending sentence] The mitigated area (including a person who has been specially mitigated), the mitigated area of punishment (including efforts to recover damage), or the recovery of considerable damage (a decision of a sentence] under Article 62(1) of the Criminal Act / [the scope of recommending sentence] where the nature of the crime of this case is not good, such as assaulting the victim with dangerous objects under the influence of alcohol (decision of a sentence] but the crime of this case is not recognized and against the punishment. However, the fact that the defendant appears to recognize the crime of this case, there is no criminal record exceeding a fine, there is no criminal record exceeding a fine, the fact that the defendant agreed with the victim on February 9, 2015, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, shall be sentenced to the same sentence as the order of recommendation within the scope

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