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(영문) 창원지방법원 진주지원 2013.09.10 2013고단800

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2013. 6. 24. 15:20경 경남 하동군 C에 있는 공터에서 피해자 D(여, 55세)이 경작하고 있던 고추밭 주변에 피고인이 합판으로 울타리를 설치한 문제로 피해자 D과 말다툼을 하던 중 피해자로부터 욕설을 듣자 화가 나 그 곳에 있던 위험한 물건인 각목(60cm ×8cm ×5cm )을 든 채 “씹할년 이런 것은 죽이삔다”라고 욕설을 하면서 피해자를 때릴 듯이 위협하였다.

The Defendant continuously assaulted the victim D with an injury to the victim D, such as salt, tension, etc. of the bones that requires approximately two weeks of medical treatment. For this reason, the Defendant inflicted an injury on the victim E (nine months) of the victim D, who was engaged in business in the said victim D, etc., for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Seizure records;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to each seized article photograph and each field photograph;

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment with labor);

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration of the fact that no criminal record exists and the degree of damage, etc.);

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

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