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(영문) 의정부지방법원 고양지원 2013.07.25 2013고단402

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 18:30 on July 2, 2012, the Defendant: (a) threatened the victim with the victim E (influence, 40 years of age) who is the wife and the male-related dispute at the inner room of the D Apartment No. 1013, 1501, at the time of strike; (b) he threatened the victim by saying, “I will die without the truth, whether I will escape from the wind of the fluence; and (c) I will die without the truth.”

2. On July 2, 2012, the injured Defendant continued to dispute with the victim E on the above ground, and continued to do so one time, followed by the victim’s face at one time, and the victim was gypted so that he/she was gypted and was gypted to fit the victim’s life-sustaining part, thereby requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

1. A protocol concerning the examination of the accused by the prosecution (including the E substitute part);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act (the point of injury, the point of injury, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the sum of the punishment prescribed in the Act on the Punishment of Violences, etc. which is heavier than the punishment and the long-term punishment of the crimes above two crimes] among concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there is no criminal history for the defendant, and the defendant seems to have committed any contingent crime because he/she is suspected of having a male relation with a victim, and the fact that a mistake is divided and reflected in the intimidation recognized by the defendant, etc.);

1. Article 62 (1) of the Criminal Act (the same grounds for discretionary mitigation);