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(영문) 춘천지방법원 강릉지원 2013.11.14 2013고단590
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. On December 15, 2012, on the ground that the victim E (the 49 years of age) living together in the D cafeteria operated by the Defendant in Gangseo-si, Gangnam-si, performed drinking, the injured Defendant inflicted an injury on the victim, such as an internal and scarf fever, which requires treatment for about 28 days, by drinking the victim’s left eye 7-8 times, 7-8 times in drinking on the part of the victim, booming the trees, and booming on the left part and side of the left chest, and one time in drinking, respectively.

2. On June 4, 2013, the Defendant in violation of the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) threatened the victim E at the victim E-house located in Gangnam-si F around 01:30, by threatening the victim with a kitchen knife (19.5cm in total length and 19.5cm in knife length) which is a dangerous thing in the kitchen, and with a kitchen knife (32cm in total length and 19.5cm in knife length) of the victim E (the 49 years of age), on the ground that the victim’s knife would have found his/her employee at the D-cafeteria and would have doubtful his/her relationship with the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. A medical certificate;

1. Emergency medical services performed;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the same Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of concurrent crimes resulting from a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. with Excessive Punishment, etc. (a collective crime, a deadly weapon, etc.)]

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the victim, the victim complaining of the defendant's wife, and the defendant has no particular kind of force);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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