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(영문) 서울동부지방법원 2014.07.25 2014고단1659

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 31, 2014, at the defendant's house located in Gangdong-gu Seoul Metropolitan Government around 22:20, the defendant sent home to the defendant's wife (the age of 55) who was returned home, and the victim D (the age of 55) who was the wife of the defendant was not considered to locking and see the visit at a small room. The defendant sent a door to the victim's head, taken the door of the victim's head, taken the house to the living room, taken the kitchen (the 12 cm length, 23 cm in the total length) which is a deadly weapon in the kitchen, and taken the kitchen from the kitchen and the kitchen to the left hand, and dried with the victim's knick by leaving the knife hand to the victim.

Accordingly, the defendant threatened the victim with a deadly weapon while carrying it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing family environmental surveys and investigations into the risk of recidivism of domestic violence;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (i.e., the fact that there is no previous conviction of a fine not exceeding twice, the agreement was reached with the victim, and that it seems that the marriage is maintained);

1. Article 62 (1) of the Criminal Act on the suspension of execution;