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(영문) 부산지방법원 2013.10.01 2013고단4364
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 4, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Busan District Court's branch branch branch, and three years of suspension of execution was decided on May 12, 2012.

1. On April 4, 2013, at around 14:00, the injured Defendant: (a) stated that “The victim D (the wife, 38 years of age) who was the wife at the Defendant’s home located in Busan Northern apartment C apartment 203, 1206, 203, and 1206 (the 38 years of age) was born by his wife with his neighbor’s male and wind; and (b) stated that “the victim is not a person who will do so for weather, weather, domining year, opening, the same year; hereinafter, the same shall apply).” On the other hand, the injured Defendant drawed the victim’s left part of the victim’s house with plastic broom (the total length of 50cm) and boomed the victim’s head and head, and scambling the victim’s days of treatment.”

2. Around 16:00 on April 4, 2013, the Defendant threatened a victim D (the age of 38) who took a large help from the Defendant’s home as stated in the above paragraph (1) of this Article, with two knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, E, and F;

1. A report on investigation (the sequence 9, 10, 17 of the evidence list);

1. An emergency book;

1. Application of the Acts and subordinate statutes governing deadly weapons;

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 victim revoked the complaint for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, but the violence of this case is committed.

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