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(영문) 서울중앙지방법원 2013.06.07 2013고단1725

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

In March 2013, 2013, even though the Defendant had expressed several times that he want to live together with the victim C (I, 61 years of age), who is a resident of the early police, who is a member of the family council, from the early police officer, the Defendant refused it, and the victim refused it, thereby threatening the victim to die if he does not live together with the victim.

A. On March 30, 2013, at around 13:00, the Defendant, at the victim’s residence located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant: (a) taken the oil shot in advance prepared for the victim to live together with the victim; (b) removed the 1st floor door of the above residence and the boiler room in front of the boiler room, gasoline, which is a dangerous object on the outer wall of the second floor; and (c) removed the rash, which is a dangerous object, and sent the victim with the stringer, and read, “the slicker to die, die, thringer, and string down.”

B. At around 08:00 on March 31, 2013, the Defendant: (a) tried to kill the victim at the above place; (b) sought the victim’s fireworks; (c) sought the victim’s refusal; and (d) sought the victim again at around 13:20 on the same day, the Defendant: (a) spreaded the oil pipe prepared in advance in front of the instant residence, which is an object dangerous to take away from the main machine; and (b) “the victim will die by burning the width,” and said, “the Chewing baby.”

The Defendant carried a dangerous gasoline and gater, which are dangerous goods, and threatened the victims, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Statement to C by the police;

1. Seized articles and on-site photographs;

1. Application of Acts and subordinate statutes to the investigation report;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

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

1. Article 62(1) of the Criminal Act: Suspension of execution (the damage in this case is not serious and the victim is not subject to punishment);

1. Probation;