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(영문) 인천지방법원 2015.12.10 2015재고단73

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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Defendant shall be punished by imprisonment for not less than two years and six months.

The number of seized knife (No. 1 of the Protocol of Seizure dated September 3, 2013) is reduced.

Reasons

Punishment of the crime

[criminal power] On December 23, 2009, Defendant A was sentenced to one year to a violation of the Punishment of Violences, etc. Act (Organization and activity of an organization, etc.) in the Suwon District Court’s Ansan Branch on October 17, 2010, and the execution of the sentence was terminated on October 17, 2010. On January 17, 2013, Defendant A was sentenced to a fine of 4,000,000 won to a fine of 10 months for a violation of the Punishment of Violences, etc. Act (injury to a group, deadly weapon, etc.) at the Suwon District Court, and completed the execution of the sentence on May 21, 2013.

[2013 Highest 5765]

1. 2013. 7. 31. 특수협박, 폭행 피고인은 2013. 7. 31. 03:00경부터 04:00경 사이 인천 남구 C오피스텔 1001호 피고인의 집에서 동거를 하던 피해자 D(여, 25세)와 말다툼을 한 후 자신의 물음에 대답을 하지 않는다는 이유로 화가 나 피해자에게 “대답 안 하냐 씨발년아”라고 욕을 하면서 손바닥으로 피해자의 안면부를 1회 때린 다음 손으로 머리채를 잡아 베란다로 끌고 가 양손으로 피해자를 들어 올려 10층 베란다 밖으로 던지려 하고, 이에 피해자가 잘못했다며 살려달라고 애원하자 바닥에 눕혀놓고 발로 피해자의 얼굴 등 전신을 수회 걷어차거나 밟고, 계속하여 그곳 주방에서 흉기인 식칼(전체길이 29.5cm, 칼날길이 17.5cm)을 가지고 와 피해자의 배에 들이대고서 “내가 사람 못 죽일 것 같냐 너 같은 년은 죽여도 깜방도 안 간다”라고 말하면서 찌를 듯이 위협하였다.

2. On August 3, 2013, the Defendant, from around 03:00 to around 04:00 on August 3, 2013, 2013, misunderstanding the victim D’s speech that the Defendant would have been going out of the said Defendant’s house and would have been difficult to get out of the said house, and assaulted the victim’s telegraph that goes beyond the victim’s inside and outside of the house by misunderstanding that he would grow with another male and female, thereby cutting off the victim’s inside and outside of the wall with his hand.

3. On August 11, 2013, the Defendant was the former husband at the above Defendant’s home’s cell phone between around 03:00 to 04:00 and the former husband at the victim’s cell phone.