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(영문) 대전지방법원 천안지원 2013.11.29 2013고단1316

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 maintains the relationship between the victim B (the victim, 49 years of age) and the victim B (the victim, 13 years of age).

1. Around July 6, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) threatened the victim by putting in hand one hand and again putting in knife the victim and knife the victim's knife at the seat of the defendant at around 02:00 on July 6, 2013, by stating that, at the same time, the victim resisted the fact that the victim found in the house of the defendant before that day and resisted the fact that the relationship between the defendant was flick to the wife of the defendant, and that, during the horse fighting, the victim threatened the victim by putting in knife one hand and knife a dangerous object from the vehicle of the defendant parked at that distance (12 centimeters in length) and 45 centimeters in length.

2. On July 6, 2013, at around 02:30 on the same date, the Defendant: (a) taken the victim’s arms on drinking for the same reason in a place as set forth in paragraph (1); and (b) caused the victim’s bucks, etc. on several occasions, where the victim’s bucks, etc. were unable to know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to an investigation report (to hear statements of victims related to injury);

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 (the point of intimidation to carry dangerous articles) and Article 257 (1) of the Criminal Act;

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 long-term punishments of two crimes prescribed in the Punishment of Violences, etc. which are heavier than the punishment (a collective crime, a deadly weapon, etc.), among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant committed the instant crime using dangerous articles.