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(영문) 인천지방법원 부천지원 2017.09.15 2017고단1676

폭력행위등처벌에관한법률위반(우범자)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person with internal relations with the wife of the victim C.

around 09:00 on June 2, 2017, the Defendant found the main points of the trade name of E operated by the victim D, Seocheon-si, 09:00, and demanded the victim to proceed to divorce with the wife of the victim, and the victim prepared in advance, put the knife in the hand room, knife the knife, which is about 28 cm in the knife length of the knife and knife, which is a dangerous object, in the victim, and knife the victim.

2. On June 2, 2017, the Defendant, in violation of the Punishment of Violences, etc. Act (a person committing a crime), thought that around 12:00 on June 2, 201, the Defendant met the victim, and the Defendant talked about the issue of deceiving the victim’s wife, and then sought the victim again at the place specified in the foregoing paragraph 1.

As a result, the defendant carried dangerous objects that could be used in violence without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. The investigation report (A Kakao Scaro’s content), the investigation report (CCTV), and the investigation report (E CCTV CD attachment and time error);

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to the Kakao Stopy output, and to data, photographs, singing photographs, and video CDs by capturing video images;

1. Relevant Article of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 7 (Carrying of Dangerous Articles), Articles 284 and 283 (1) (a) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: (a) intimidation, which is a dangerous object of the defendant, and intimidation the victim; (b) the fact that the nature of the crime is not very good; and (c) the victim is divorced in internal relations with the wife of the victim.