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(영문) 인천지방법원 2013.04.04 2013고단759

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant carried bridges with the victim B and the Sibridge, and returned to the house, but with the purpose of causing harm to the victim who does not get unftened, the kitchen gate (29cm in the total length, 17cm in the blade) which is a dangerous object in his house with the view to causing harm to the victim. On February 4, 2013, at around 21:15, the Defendant found the victim's "D party gate" in the "D party gate C" operated by the victim. The Defendant threatened the victim by displaying and threatening the above kitchen gate.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that confessions have been made in a criminal conduct and the mistake has been pened, that the victim is flying the Defendant’s wife by agreement with the victim, and that the Defendant is the primary offender);

1. Part of the dismissal of public prosecution under Article 62 (1) of the Criminal Act;

1. The summary of the facts charged is around 20:40 on February 4, 2013, the Defendant: (a) on the street in front of the Incheon Bupyeong-gu E-dong, Bupyeong-gu, Incheon; (b) on the street and returned home while drinking alcohol and talking with Dong Ne Ne Ne Ne Ne Neg, the Defendant was driving by his her her her son Frif, who was fried by the victim B (the age of 47) and fried on the road, and resisted the f, who was frying the spice of the Defendant’s clothes; and

At this time, the Defendant, who received the above F’s phone and arrived at the above place, did not go to any apology, and committed assault against the victim by attaching a ballebbbbling with the victim by hand.

2. The above facts charged are crimes falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records, the victim's objection is examined.