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(영문) 창원지방법원 2015.04.08 2015고단460
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)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

The defendant and the victim C (the age of 52) were legally married families, Kimhae-si D apartment 111 Dong 401.

1. On November 23, 2014, at around 19:30 on November 23, 2014, the Defendant: (a) expressed the victim’s desire to pursue the Defendant’s female problem; (b) thereby, he saw the victim’s female problem; (c) “I will get the victim’s head and face and take the victim’s face in hand, and walking the victim’s knee and walk the victim’s knee with approximately three weeks of treatment.”

2. Around 08:40 on February 18, 2015, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), the Defendant, under the influence of alcohol, demanded the victim to enjoy living expenses, etc., but the victim did not have money and refused the Defendant’s request, thereby threatening the victim as if he/she was fluored by a snick part in the bend, and snick part in the bend, and threatening the victim as he/she was fluor, and threatened the victim with the smelling part of the bend, which is a dangerous object in advance (10cm in total length, 21cc., 10cm in knife). In so doing, the Defendant threatened the victim by taking out the bend from the bend, “on kn and knife in prison.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is as follows.

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