beta
(영문) 인천지방법원 부천지원 2014.03.07 2014고단35

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. On January 2, 2014, at around 15:50, the Defendant: (a) took a bath at the front of the community hall located in Kimpo-Ba, and took a campaign using a sports device installed in the community center; (b) took a walk to the dong older persons, and reported a fright to the f1st head of the victim C (the 61 year old, the son), who frighted to the fright of the fright, reported the fright to the f1st head of the fright to the fright; and (c) suffered injury to the victim, such as the fright, which requires approximately two weeks of treatment.

2. A violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) returned home voluntarily to the Kimpo Police Station on the suspicion described in paragraph (1), and then returned home to the Kimpo Police Station at around 18:00 on the same day. Around 18:00 on the same day, the Defendant left 10,000 residents, who were in possession of 10,000 residents who find out of the community hall as described in paragraph (1), such as tearing the waste of 10,00 won, who were in possession of her possession, and continued to open the kitchen crying and dangerous articles (13 cm in length, 10 cm in each blade, 10 cm in each knife) of the kitchen knife, which are 13 cm in the kitchen knife and dangerous articles, and threatened them as a threat.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. On-site photographs and criminal tools photographs;

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 former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (General Considerations, such as the confession of each of the crimes in this case, the violation, the agreement with the victims, and the fact that there has been no record of punishment other than the one which has been subject to a long fine);