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(영문) 청주지방법원 충주지원 2013.11.08 2013고단487

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 is the husband of the victim C (math, 46 years of age), and is the father of the victim D (math, 19 years of age).

At around 21:00 on June 25, 2013, the Defendant sent a bath to the victim C on the ground that the victim C was late at the victim’s house located in Flue-dong 207, which is the Defendant’s residence in E, at the Chungcheong City.

1. In violation of the Punishment of Violence, etc. Act (a collective weapon, etc.) against the victim D, the victim D, who was in a way of assault against the victim D, went to a ward for fear and go to a house “to die at the house,” and the defendant brought to the kitchen, which is a dangerous weapon, at the kitchen, and brought to the kitchen (34 cm in total length, 22 cm in length) of the kitchen, which is a dangerous weapon, at the kitchen, and made a threat to the victim D’s arms by using the kitchen knife in one hand.”

2. On the other hand, the Defendant continued to violate the Punishment of Violence, etc. against the Victim C Act (a collective deadly weapons, etc.) and told the Victim C to die in the state of single hand.

Accordingly, the defendant threatened victims with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or C;

1. Records of seizure and the list of seizure;

1. Application of statutes, such as photographs on damage;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The defendant uses the kitchen knife, which is a dangerous thing, and intimidation the victims, which may lead to a serious result; domestic violence, such as this case, is committed inside the home and is also in danger of recidivism.