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(영문) 인천지방법원 2014.05.21 2013고단6102

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 completed the marriage report around 2005 and the victim D(n, 37 years of age) and 2005, and was in a marital relationship since that time, and is currently in a divorce lawsuit.

1. Around 02:00 on July 21, 2013, the Defendant threatened the victim by stating that, at the Defendant’s house located in the Namdong-gu Incheon Metropolitan City E apartment 1207 Dong-gu 1801, the victim did not open the entrance door to the Defendant, the gate gate gate (70cm in length) which is a dangerous object inside the house of the Defendant, embling the door gate gate gate (70cm in length) and exposing the door gate gate gate gate, and thereby, by threateninging the said victim “spacking the spack. The spack spack spack, which will be the spacker and will be less than a low-year unit.”

2. Around July 11, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed an assault by the victim D (the age of 37) against the victim, who was trying to dynasing to dyp him/her at a place where paragraph (1) was the same as that of the dynasium at the dynasium, when the dynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynas

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Notification of a list of 112 reported cases handled;

1. Damage photographs and photographs of criminal tools;

1. The application of transcript, CD-related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Jan. 3, 2009) (see, e.g., Supreme Court Decision 2009Da