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(영문) 수원지방법원 안산지원 2014.05.13 2014고단300

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

The Defendant was living together for about two years with C (the age of 55) and about 2 years, and he was hedging around December 2013.

1. Around February 15, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) committed intimidation against the victim by making preparations in advance at the entrance of the victim E (the 30 years of age) who is his/her father, which is a dangerous object (the total length of 28.5 cm, 16.5 cm in length) in the front of the house of the victim E (the 30 years of age), who is his/her mother, of the above C, around 15:30 on February 4, 2014.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.), at a place specified in paragraph (1), and at a place specified in paragraph (1), and the police officer called out after having received a report of 112, placed the front door of the kitchen, which is a dangerous object specified in paragraph (1), in the kitchen gate (28.5 cm in total length, 16.5 cm in length, 16.5 cm in length) of the victim C (nick, 55 cm in total) one time and continued to put the victim's, etc., on about 35-day basis, and caused damage to the rear part of the kitchen part in need of medical treatment and power lines to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E and C;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of the case-related photographic records (fields and the upper part of victim C), damaged photographic Acts and subordinate statutes

1. 범죄사실에 대한 해당법조 폭력행위 등 처벌에 관한 법률 제3조 제1항, 제2조 제1항 제1호, 형법 제283조 제1항(흉기휴대 협박의 점), 폭력행위 등 처벌에 관한 법률 제3조 제1항, 제2조 제1ㅏ항 제3호, 형법 제257조 제1항(흉기휴대 상해의 점)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the defendant's reasons for sentencing under Article 48 (1) 1 of the Criminal Act reflects the depth of the defendant, the crime is very poor and the victims are against the defendant in that it threatens the victim with the kitchen knife which he possessed in advance and inflicts bodily injury.