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(영문) 대전지방법원 논산지원 2013.12.17 2013고단294

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

1. The defendant shall be punished by imprisonment for one year;

2. One pipe that has been seized (No. 1) shall be confiscated;

Reasons

Punishment of the crime

Since the wife of the defendant who was divorced at around 2004 is the victim C (main, 55 years old), the defendant's wife was mistaken for the winding victim, so that there was no good appraisal.

1. Around 11:00 on August 15, 2012, the Defendant discovered the victim who walked at the E Elementary School playground located in Chungcheongnamnam-gun, and assaulted the victim's right face by drinking at one time.

2. Around 10:00, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) collected and threatened the victim with a death window of about two meters in length, which is a dangerous object prepared for demonstration goods in the vicinity, at the scene of a resident’s demonstration against the installation of a waste reclamation site at the entry of the F Village in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the victim was threatened with a brut.

3. Around April 24, 2013, the Defendant violated the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) found at the victim’s house located in Chungcheongnam-gun G G, Chungcheongnam-nam, and destroyed the living room windows by cutting off three times of the pipe (50cm in length, 20cm in diameter), which is a dangerous object prepared in advance by finding it at the victim’s house located in Chungcheongnam-gun-gun, Chungcheongnam-gun, Chungcheongnam-gun, and destroying it by shouldering the living room windows, windows, and rafts equivalent to KRW 720,00 in the market price owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and H;

1. Application of written statements or video-related Acts and subordinate statutes in a written estimate (a document attached to the police statement of the C), the records of seizure, the list of seizure, and the field photograph (a document attached to an investigation report (a document No. 36 pages of the

1. Article 260(1) of the Criminal Act applicable to the crime, Article 3(1)1 of the Punishment of Violences, etc. Act, Article 283(1)1 of the Criminal Act, Article 3(1) and Article 283(1)1 of the Punishment of Violences, etc. Act, Article 3(1) and Article 2(1)1 of the Criminal Act, Article 366 of the Criminal Act, Article 36 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;