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(영문) 서울북부지방법원 2015.05.19 2015고단595

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From November 2013, the Defendant had been living together with the victim D (V, 43 years of age).

On February 8, 2015, at around 02:40, the Defendant discovered the victim's house in Jung-gu, Seoul, without any contact, who was in dispute with the victim due to ordinary living expenses, left his house without any contact, and opened the kitchen (the degree of 16.5cm in the blade length) which is a dangerous object in the kitchen, taken the kitchen, taken in the items of the victim, taken a serious bath for the victim, and taken a knife the knife on the knife, and kept the knife on the knife (the degree of 13.5cm in the knife length) and knife the knife on the knife and the knife on the knife, knife the victim's head over the knife, knife the victim's knife and knife the victim's knife.

As a result, the defendant threatened the victim by using the kitchen knife and excessive use of dangerous things, and suffered bodily injury such as other knife and the part of the loss which require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement regarding D;

1. Police seizure records and photographs of seized articles;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal 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);

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment provided for in the Punishment of Violences, etc. which is heavier than the punishment (aggravating collective crimes, lethal weapons, etc.];

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.