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(영문) 광주지방법원 2015.09.09 2015고단2698
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B(n, 34 years old) are married couple, and the victim C is the wife of the defendant with the female birth of the victim B.

1. On February 11, 2015, the Defendant: (a) around 20:40 on February 11, 2015, entered the victim B, who was assaulted by the Defendant from the Defendant in the house room located in Ham-gun, Hamyeong-gun, Hamnam-gun, with the Defendant, and went out of the house of locked-gun, and destroyed the door by drinking out of the house, thereby damaging the glass window owned by the victim C so that it is necessary to repair expenses.

2. The Defendant continued to enter the kitchen at the time and place specified in the foregoing paragraph (1), and continued to enter the kitchen, and made it difficult to find out the victim B, which is a dangerous thing (No. 1 and no. 20.5cm in length) and made intimidation against the victim B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act on the Statement of the Police (including the part of the C’s statement) to B

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of causing property damage as judged: Article 366 of the Criminal Act;

(b) The point of possession of a deadly weapon: Articles 3 and 2(1) of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope calculated by adding up the maximum term of the punishment specified in each crime as stated in the judgment on the punishment for concurrent crimes)

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Since the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the judgment of the criminal whose sentencing criteria are set is not set, is in a substantive concurrent relationship with the crime of damage to the judgment of the criminal whose sentencing criteria are not set, the lower limit of the sentencing guidelines for the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.

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