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(영문) 대전지방법원 2013.08.30 2013고단1557

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for one year.

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

Around 17:50 on January 2, 2013, the Defendant: (a) brought a legal divorce at the Defendant’s residence located in Seosan-si C Apartment 1507; and (b) brought the Defendant to the Defendant’s wife D (here, 49 years of age) who was living together with the Defendant, and then brought the Defendant to the Defendant, “Is the horses to go to work within the country; and (c) made the Defendant’s fighting on the ground that the Defendant reported to the police, the Defendant died of the Defendant’s knife, one knife type (19cm length, 30cm in total length), which is a dangerous weapon located in the main scam, (22cm in daily length, 34.5cm in total length), and throw the knife knife knife, which is a dangerous weapon (34.5cm in total length).”

Summary of Evidence

1. The defendant's partial statement of witness D in court;

1. The prosecutor's office and the police's protocol of interrogation of the accused partially D;

1. A criminal explanatory note, each family environmental investigation report, and an investigation report (attached to a list of reports on crimes reported in 112);

1. Determination on each of the defendants and defense counsel's arguments

1. The defendant and his defense counsel asserted that the defendant's assertion and defense counsel did not threaten the victim since the defendant did not agree to knife his knife the victim's knife and die with knife the victim's knife.

2. In full view of the above evidence, the defendant was guilty of the facts charged, since the defendant was able to recognize that the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife