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(영문) 대구지방법원 김천지원 2015.01.28 2014고단1336

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant was the victim C (ma, 47 years of age) and 2 years of age.

1. Violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.);

A. On July 5, 2014, around 23:00 on July 5, 2014, the Defendant, at the home of the victim of Dabudio D, the Defendant, who was committing the crime, committed a dispute with the victim’s speeched by the victim who was not contacted with the victim after the victim’s speeched, and was in a dispute with the victim. The Defendant threatened the victim with the words “packer is not the same as a human being. We are equal to the former husband.” On the other hand, the Defendant took the kitchen knife, which was a deadly weapon in the main room of the victim, brought the kitchen knife, which was a deadly weapon in the front of the victim, and brought the said knife at the front of the victim, and threatened the victim by acting as if he would inflict any harm on the victim.

B. Around July 10, 2014, the Defendant, at around 23:00 on July 10, 2014, assaulted the victim at the home of the above victim, as described in the following Paragraph 2, and led to the use of a kitchen, which is a deadly weapon, and lowered the kitchen, which is a dangerous weapon, in front of the victim in the same manner as the above Paragraph 1, and threatened the victim by acting as if he would inflict any danger and injury on the victim.

2. At the time and place specified in paragraph 1-b, the injured Defendant: (a) taken the victim’s face from drinking and hand floor of the victim several times on account of the victim’s winding with another male, at the same time and place; (b) macks the victim’s mare, mare, bridge, etc.; (c) macks the victim’s mare, head debt, macks the victim’s mare, and macks the mack, etc.; and (d) macks the mack.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to C by the police;

1. C Complaints;

1. A criminal investigation report (a report hearing statements made by a complainant C, including the investigator who is not subject to investigation into the public nature);

1. A written diagnosis of injury;

1. Application of the provisions of the Acts and subordinate statutes to the kitchen photographs, the victim's standing photographs;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act regarding criminal facts, each of the choice of punishment, and Article 283 of the Criminal Act.