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(영문) 대전지방법원 홍성지원 2014.10.15 2014고단463

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. 피해자 C에 대한 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 같은 동네에 거주하는 피해자 C(50세)이 D에게 피고인이 징역형을 받은 사실이 있다고 이야기를 하였다고 오인하고, 피해자에게 이를 따져 물을 생각으로 2014. 5. 13. 20:20경 충남 서천군 E에 있는 피해자의 집에 흉기인 부엌칼(칼날 길이 약 19.6cm)을 소지하고 찾아가 밥을 먹고 있던 피해자에게 부엌칼을 내 보이며 “제삿밥이 될지 모르니 끝까지 먹어라. 입을 함부로 놀리고 다니느냐. 너를 죽이고, 네 처도 죽이겠다.”고 말하여 피해자를 협박하였다.

2. Around 21:00 of the same day, the Defendant threatened C with the violation of the Punishment of Violence, etc. against D and F (a collective, deadly weapons, etc.) of the Act on the Punishment of Violences, etc. (a collective, deadly weapons, etc.) demanded C to threaten C as described in paragraph (1), and then threatened C with the victim D and F (a 52 years of age), which is a deadly weapon, with C’s house, the kitchen 1, which is a deadly weapon in paragraph (1). The victim D and F (e.g., 54 years of age), stated as follows: (a) the victim d and F (a) of the victim D and F, as a deadly weapon in C’s house; and (b) the victim “Is the victims

Summary of Evidence

【Court No. 1】

1. Defendant's legal statement;

1. The legal statement of the witness C (each fact listed in subparagraph 2 at the time of sale);

1. Partial statement of the defendant;

1. Although the Defendant, in the testimony of the witness C, D, and F, expressed that there was no threat that the said victims would kill and kill the kitchen. However, C, D, and F consistently state the fact that the Defendant had taken the kitchen from the investigative agency to the time of this court, and the Defendant had expressed his/her speech that he/she would kill the victim D, F, and that he/she would take the kitchen in his/her hands, and that he/she would kill the kitchen while he/she took the kitchen in his/her hand. At the time, the time when the Defendant took the kitchen, C, D, and F cited the kitchen, and finally the Defendant took the kitchen.