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(영문) 춘천지방법원 영월지원 2015.03.17 2014고단610

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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. On November 12, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, threat) (collectively weapons, etc.) around 18:00 on November 12, 2014, the Defendant stated that the Defendant, at the home of the Defendant of the Kangwon B apartment 804 on November 12, 2014, he/she saw that he/she had come to the Defendant before several months prior to the occurrence of a dispute, he/she saw that he/she, while taking out the knick, knife, knife, and knife who is a dangerous object, was intending to die when he/she entered his/her house, and that he/she was well and well living in the future.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Around December 1, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective. deadly weapons, etc.) (collectively weapons, etc.) stated on December 1, 2014 that the Defendant stated that the victim would have been requested to divorce at the place specified in paragraph (1) on December 1, 2014, and that the Defendant “I am her knife and her knife with a knife knife, which is a dangerous object in the kitchen, and her knife with a knife knife knife knife knife knif

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning internal investigation reports and photographs attached thereto;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. against Crimes, and Article 283 (1) 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. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for the suspended sentence) where an intentional act of intimidation (a person who has been subject to special mitigation) is committed under the category 4 (Habitual, Cumulative, and Special Intimidation) (2-1) of the Act on the Suspension of Execution, the following records are revealed in the records: (a) a non-prosecution of punishment [decision of sentence] is a first offender who has no criminal power; (b) a defendant was committed in the course of marital fighting; (c) a wife who is the victim does not want to be punished by the defendant; (d) the victim’s age, character and conduct, and environment