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(영문) 대전지방법원 홍성지원 2014.08.27 2014고단335
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

1. Injury;

A. On January 28, 2014, the Defendant, around 01:00 on January 28, 2014, suffered injury by the victim D (e.g., 41 years of age) living together with the Hong-gun Atel A and 103 living together, on the ground that the time in which the victim was late in his/her normal home and is frequent, and that he/she was making a dispute, and he/she was frighting once in his/her back to the victim with his/her head and shoulder part of the victim’s head and shoulder were 5:6 times at the end of his/her back to the string wall, 9, and 10 times at the end of his/her treatment days, by taking the victim’s head and shoulder part of the victim’s head and shoulder, the Defendant sustained injury, such as the string, right side, 9, and 10 times at the end of the treatment days.

B. On March 14, 2014, the Defendant: (a) around 01:00 on March 14, 2014, 2014, on the ground that the victim drinked with another male and female and locked Etel 303 on the ground that he/she was locked; (b) he/she saw the victim’s face part once in drinking; (c) saw the victim’s neck with his/her hand; and (d) continued to put the victim’s head and face part in drinking and hand by making the victim’s head and face part 14-day medical treatment for approximately 14 days on the part of the victim.

2. The Defendant in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) threatened the victim by taking the same attitude that would inflict any harm on the body of the victim by taking the victim at the time and place specified in paragraph (1) of Article 1, and by stating that the victim would take the kitchen gate, which is a deadly weapon, in the kitchen, and bring him/her to the victim.

Summary of Evidence

【Court of Second Instance 1】

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of opinion (the fact of subparagraph 1-B at the time of sale);

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury (the second fact in the market);

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of photographic Acts and subordinate statutes, such as kitchen and blades;

1. Relevant legal provisions concerning facts constituting an offense and the point of each of the choice of punishment: Article 257(1) of the Criminal Act (Selection of Imprisonment with prison labor) of the Act;

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