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(영문) 대전지방법원 2013.12.19 2013고단4085

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2013, the Defendant, without any reason, her wife in the house of the victim B (the age of 45) who lives in the same apartment without any reason, misunderstanding that he has his wife, and had the kitchen 21cm (the length of the day, 32 cm in total length) and the stone, which are dangerous things, and found the victim's house.

1. Around 22:20 on September 25, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) threatened the victim by stating that “Around 22:20 on September 25, 2013, the Defendant: (a) placed the above part of the kitchen, in front of the victim’s house, 102 and 104, in front of the victim’s house in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; (b) opened a string door; and (c) “A knife knife knife knife knife knife knife knife k

2. The Defendant violated the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) caused damage to the Defendant by putting the knife with the above knife with the knife with the knife with the knife, which was installed therein, on the ground that the victim did not open a door at the time and place specified in paragraph (1) on the ground that the victim would not open the door even after intimidation as set forth in paragraph

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Statement of police seizure;

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Deadly Weapons; Article 366 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the victim has agreed smoothly with him/her, the fact that it appears

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;