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(영문) 청주지방법원 제천지원 2015.11.12 2015고단426

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant and the victim C(n, 39 years old) were admitted to the "E" victim protection facilities of domestic violence in Docheon City D and were living together.

1. On July 19, 2015, at the above facility around 09:20 on July 19, 2015, the Defendant: (a) heard the horses of the Defendant’s petitioning the Defendant’s child born from the victim; (b) brought the Defendant’s room into the Defendant’s room with excessive amount of 10cm (10cm in blade length) that is a dangerous object that was located therein; and (c) threatened the victim, such as the victim’s Dara, “

2. On July 19, 2015, at around 12:20, the Defendant: (a) sought a set of time in which the victim living in the said facility did not see, in light of the circumstances described in paragraph (1), the Defendant: (b) tried to threaten the victim by taking the kitchen knife with the victim; (c) and (d) having the kitchen knife with the victim, and (c) having the kitchen knifeed in the kitchen knife, then she attempted to threaten the victim by taking the kitchen knife with the victim in the kitchen knife; (d) however, the Defendant she attempted to take the kitchen knife with the Defendant by taking the kitchen knife from the

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F's testimony (the above witness has consistently testified about the "the fact that the defendant himself/herself has taken the kitchen knife his/her kitchen knife because he/she intends to take the kitchen knife as stated in paragraph (2) of the crime," the above witness's testimony is specific and factual, the reason why the above witness is false is not discovered in the records, and the testimony attitude of the above witness is recognized as credibility in light of the following facts)

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the scene and criminal implements;

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) (Appointment of special intimidation and choice of imprisonment) of the Criminal Act concerning facts constituting an offense, and Articles 286, 284, and 283(1) ( selection of imprisonment with prison labor) 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. The suspended sentence is imposed Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds).