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(영문) 수원지방법원 여주지원 2012.12.24 2012고단988

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for one year.

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 had had before the towing of the defendant, who had been compensated by the victim B (the 44 years of age) due to the protruding of flooded amount during the construction of the defendant's house, and had the victim's body who had been asked by the victim B (the 44 years of age) for compensation for damages, but had a bad appraisal.

On July 15, 2012, at around 23:30, the Defendant used a kitchen knife (32 cm in length and 20 cm in length), which is a dangerous object in the Defendant’s house, and found the victim’s house 102, and made the victim go out of the door by leaving the door, and then, the kitchen knife knife knife knife knife 4-5 pife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Records of seizure, the list of seizure, and evidence of seizure;

1. Application of Acts and subordinate statutes to photograph seized goods, photographic photographs, and photographs at the scene of damage;

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 62(1) of the Criminal Act (see, e.g., “the grounds for suspended sentence”)

1. Although the nature of the crime is not good in light of the risk of conduct in sentencing grounds under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, the execution of imprisonment with prison labor shall be suspended on condition of probation and community service, taking into account the fact that the defendant is forced to be hospitalized in a mental hospital immediately after committing the crime as a patient with alcohol-esteem mental fission and received medical treatment to a certain extent, taking into account the fact that he/she

It is so decided as per Disposition for the above reasons.