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(영문) 인천지방법원 2013.07.23 2013고단3009

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for one year.

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 is residing in Yeonsu-gu, Incheon, C Apartment 302 Dong 2003, and was dissatisfied with the noise complaint against the noise between the upper floor of the Bupyeong-gu.

On April 24, 2013, at around 23:45, the Defendant: (a) opened the house of the victim D(39 years of age) of the above apartment house 302, 2103, and (b) took place; (c) her hair, her hair, and raised an objection against the noise between floors.

Accordingly, the victim, who wishes to enter the entrance into the front door as a result of the failure to walk in the house, means "I prepared with the knowledge of her," and the victim was threatened with the main use knife (30 cm in length), which was a deadly weapon concealed in herth dancing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to field photographs (including blades);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, under the influence of alcohol, threatened the victim with a knife knife, which is a deadly weapon, and there is a need for strict punishment of the defendant due to the same type of criminal punishment.

However, in light of various circumstances, such as the fact that the defendant is seriously against the defendant and the above victim does not want the punishment of the defendant under the agreement with the victim, the punishment shall be determined as ordered and the execution thereof shall be suspended on condition of social service.