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(영문) 대구지방법원 서부지원 2014.12.11 2014고단1436

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of the victim C (math, 47 years of age) who is a father of the victim C (math, 24 years of age) and has the victim E (math 18 years of age) who is a father of the victim.

1. On September 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) on the part of the victim C: (a) around 22:40 on September 22, 2014, the Defendant heard the victim’s house located in the F apartment of Daegu-gun, Daegu-gun, 303 303 Dong 303, 303, “I will not see the urine outside of the water by means of waterworks construction; (b) surging water in the toilet; (c) surging the victim into water in the toilet; and (d) surging the victim’s face on the part of the victim; and (d) surging the victim’s face on the part of the victim, the victim’s faces the victim’s face on one side and the face of the victim’s face on the face of the victim, and surging the victim’s face for more than nine (14) days and seven (14) days at the victim’s face.

Accordingly, the defendant injured the victim and threatened him with dangerous things.

2. 2014. 9. 27. 피해자 E에 대한 상해 피고인은 2014. 9. 27. 23:45경 위 피고인의 집에 들어가던 중 아들인 피해자 E이 자신에게 인사를 하지 않는다는 이유로 피해자 E에게 “뭘 쳐다보노, 눈까리 확 뽑아뿌까”라고 욕설을 하며 손바닥으로 피해자 E의 얼굴을 3회 때려 약 14일간의 치료가 필요한 턱의 염좌 및 긴장 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C, E, and D;

1. Article 3 (1) and Article 2 of the Punishment of Violences, etc. Act on Criminal Facts and the Punishment of Violences, etc.