beta
(영문) 울산지방법원 2016.01.27 2015고단2003

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On May 31, 2015, the Defendant, at around 05:0 on May 31, 2015, assaulted the victim by misunderstanding that the victim D (the victim, the spouse of the Defendant, was 23 years old), who was the spouse of the Defendant, was at the time when the Defendant’s son was broken out in the lock-gu, Ulsan-gu, 4:611, and assaulted the victim by taking the victim’s hand against his hand, who was spawn and drinking.

2. The Defendant of special intimidation found at the time and place indicated in paragraph 1 that the victim was assaulted and reported to 112, as stated in paragraph 1, and cited the food knife (20cm length: 20cm) which is a lethal weapon, and the facts charged are that the Defendant threatened the victim with the knife as above.

According to the victim's investigative agency and legal statement, the victim was aware of her child, and the defendant was her knife with knife while the knife was her even after the knife was her, but the knife did not her much to her or her to her. Thus, the knife was

The term "report to the police" shall be discarded when reported to the police.

“In the end, the victim threatened the victim.”

Summary of Evidence

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Articles 284, 283 (1) (a point of special intimidation) and 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (excluding the punishment imposed for a fine of 500,000 won for an injury in 2012, there is no record of criminal punishment, and other consideration of the age, etc. of the defendant);

1. An order to attend a course under Article 62-2 of the Criminal Act;