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(영문) 청주지방법원 2013.08.30 2013고단546

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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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 becomes final and conclusive.

Reasons

Punishment of the crime

1. In October 8, 2012, the Defendant threatened the victim of the Defendant’s wife D (Woo, 52 years old) at the Defendant’s residence of 01:06, Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant, who was filing a divorce lawsuit, with the police officer, who found the Defendant’s wind in the said residence together with the Defendant. The Defendant threatened the victim of the Defendant “I would see that I would have died. I would like to see why I would see why I would have caused the Defendant’s murder, and because I would like to die in a knife, I would have to die in a knife, I would have to die, I would have to die, I would have to do, and I would have to die in a knife.”

2. On October 8, 2012, the Defendant in violation of the Punishment of Violences, etc. Act (Intimidation, such as group, deadly weapons, etc.) threatened the victim as described in paragraph (1), and then threatened the victim with the victim by getting out of his/her residence and getting out of his/her house and getting out of his/her house. On October 8, 2012, the victim got out of his/her vehicle and her vehicle in his/her apartment parking lot in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, Incheon, and then getting out of the vehicle, and then putting out the vehicle as dangerous articles

Summary of Evidence

1. Defendant's legal statement;

1. Application of each prosecutor's protocol of statement to D and F;

1. Article 283 (1) of the Criminal Act applicable to the relevant criminal facts, Article 283 (1) of the choice of punishment, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (a crime of intimidation to carry dangerous articles);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of intimidation against others while carrying dangerous objects for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Probation Act is highly dangerous, the victim’s wishing to punish the defendant’s severe punishment is disadvantageous, and the defendant’s mistake is against his own fault.