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(영문) 부산지방법원 2014.02.07 2013노3383

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The judgment of the court below is reversed.

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

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case is determined by the following facts: (a) the Defendant’s act of committing the crime of this case was committed against her children’s body and emotional abuse; (b) the Defendant committed an act of impairing her children’s body by using her children’s awareness and child-care centers with a deadly weapon to commit suicide; (c) attempted to visit her children’s body and other children’s child-care centers with a deadly weapon to commit suicide; and (d) threatened the victim’sJ with the desire to restrain her from committing the crime; and (e) the Defendant’s attempt to commit the crime at the above child-care centers’ office operated by the Defendant K, etc., was committed two times in such a manner that she could interfere with the operation of the victim’s child-care centers, and the method of committing the crime was extremely heavy and dangerous; and (e) the Defendant’s consciousness and child-care centers appear to have been seriously informed with fear of fear of recidivism by committing the crime of this case; and (e) the Defendant’s attempt to punish the crime of this case, etc.

However, when the defendant was in a trial, he led to the confession of all of the crimes of this case and reflects his mistake. The defendant committed the crime of this case with the view to frequent withdrawal of his wife. In particular, the crime of violation of the Punishment of Violence, etc. Act (Intimidation by collective weapons, etc.) was committed, and the crime was committed in a situation where the defendant's wife went out of the court, and attempted to commit suicide with his own mind, and led to intimidation of the victim'sJ that prevents him from committing it, and the character, conduct and behavior of the defendant.