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(영문) 광주지방법원 해남지원 2015.05.07 2015고단77

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

While the Defendant was living together for about seven days on the premise of the victim B (math, 54 years of age) and marriage, the Defendant was able to have a strong objection against the Defendant’s smoking and under-paiding of tobacco.

1. Around November 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) threatening the victim, as the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

2. Around 13:00 on November 23, 2014, the injured Defendant declared the victim’s association and demanded the withdrawal from the place indicated in paragraph (1). However, the victim demanded the head of KRW 5,000,000, the Defendant inflicted injury on the victim, namely, the victim’s crypted and crypted the head, and crypted, “this cryp walp walk walk walk walk walk walk walk walk walk walk walk walk, and caused the victim’s injury, such as the walk walk walk walk,

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against the victim B;

1. Investigation report (related to the attachment of photographs of the scene of damage and photographs of the damaged part);

1. Application of the Acts and subordinate statutes to report on investigation (to submit a written diagnosis to a victim);

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;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Crimes No. 1 of the sentencing guidelines [Scope of Recommendation] and crimes No. 2 of the basic area (six months to one year and six months) of the Sentencing (Habitual, Cumulative, Special Intimidation) (the scope of Recommendation).