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(영문) 의정부지방법원 2015.05.19 2014고단4737
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is currently preparing for divorce as the husband of the victim.

1. On November 24, 2014, at around 19:40, the Defendant assaulted the Defendant’s house located in Namyang City, to spit the victim’s face, to spite the rice being spited in the drafting, to spit the victim’s face on two occasions with hand, and to walk the victim’s head with his hand.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) committed a kitchen knife, which is a dangerous object in the kitchen, at the above time, at the above place, and thereby threatening the said kitchen knife to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to investigative reports (the details of telephone communications between a complainant and C);

1. Relevant Article of the Criminal Act, Article 260(1) of the Criminal Act that applies to the crime, the choice of punishment, Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (including the fact that a person has no criminal records of the same kind or suspension of execution or any other criminal records

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