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(영문) 제주지방법원 2015.04.17 2014고단1564
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.);

A. At around 23:00 on September 4, 2013, the Defendant threatened the victim D (the age of 53) living with the Defendant of the second floor C in Jeju-si, with the victim D (the age of 53), who was living together with the Defendant, with the victim, with the victim’s usual disputes with the victim, brought about the victim by himself and herself, booming the victim’s desire, and threatened the Defendant with the Defendant’s appearance of a knife, which is a dangerous thing that had been living in the kitchen at the same time. The Defendant threatened the victim by saying, “Chewing, dead and dead,” with the Raber, which is a dangerous thing that had been in the entrance, and by threatening the victim by “the dead and dead.”

B. On September 12, 2013, around 08:00 on September 12, 2013, the Defendant: (a) had a suddenly conflict with the victim at a port; (b) had the victim’s usually been made; and (c) had a knife the excessive knife, which is a dangerous object in the kitchen; and (d) had a knife a knife and knife the knife, which is a dangerous object in front of the knife; and (e) had a knife the victim’s head with the above knife.

2. The injured Defendant inflicted bodily injury on the victim, who wanted to flee through the second floor stairs at a time and at a place of port 1-B, following the victim to go beyond the stairs to hand, resulting in injury to the victim, such as chests, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Relevant photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Punishment of Violences, etc. and the Selection of Punishment: Articles 3 (1) and 2 (1) 1 of the same Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Selection of penalty: Selection of imprisonment (inflicting the crime of injury);

1. Concurrent Crimes: the former part of Article 37 and Article 38(1) of the Criminal Act;

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