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(영문) 수원지방법원 2013.06.12 2013고단784

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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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 thought that the victim G (ma, 35 years old) who works from F in E as a sports trap is in h', the spouse of the defendant, and threatened the victim with the h's teaching relationship with H, and thought that the defendant was in mind to make the h's apology.

At around 18:30 on January 28, 2013, the Defendant entered the F, and prepared in advance, and demanded that the Defendant knee knee knee knee knee knee knee knee kne knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne kle kne kne kne kne kne kne kne kne kle

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of I and G;

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

1. Articles 3 (1) and 2 (1) and 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is as follows: (a) while the defendant is doubtful of the relationship between his spouse and the victim, the victim used the knife knife, which is a deadly weapon and used the knife in the victim’s workplace without any specific confirmation procedure; and (b) the victim suffered disadvantages at the workplace in light of the fact that the defendant suffered disadvantages in the process, there is a need for a certain punishment against the defendant; (c) although the crime of this case was committed in a state of interest where the defendant was not properly achieved, it is difficult to deem that the defendant has a habit of violence; (d) the victim has not any physical injury; (e) the defendant has no particular criminal history;