beta
(영문) 부산지방법원 2015.03.19 2014고단10387

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 10, 2014, the Defendant violated the Punishment of Violence, etc. Act (collective intimidation, etc.) said, on the ground that the victim D, a female living together, under the influence of alcohol at one’s own house located in Busan Shodong-gu, was not boomed for a breath (the age of 44) and on the ground that the victim D (the age of 44) was under the influence of drinking at one’s house located in Busan Shodong-gu, the Defendant threatened the victim by having the victim knish a knife (a knife, a knife, a total length of 24 cm) on the ground that the knife is a dangerous object being kept in custody of the knife at one’s home, and by having the victim knife a knife with the victim’s face.

2. From January 9, 2014 to August 2, 2014, the Defendant asked the company in which the victim had worked in the past to post a telephone at the same location as Paragraph 1, at which the victim refused to do so, the Defendant assaulted the victim six times in total from January 9, 2014 to August 2, 2014, including the following: (a) the victim was able to walk one time to walk the lower time of the victim due to the birth of the fire; and (b) the victim was laid down on the floor by hand, and was assaulted by the victim on the part of the victim; and (c) the victim was written in the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the law of seizure records, excessive photographs, investigation reports (No. 10, 11 in order);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act (a crime of intimidation by use of dangerous articles), Article 260 (1) of the Criminal Act (a crime of violence and choice of imprisonment) of each Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. Article 48 (1) 1 of the Criminal Act to be confiscated;