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(영문) 대구지방법원 김천지원 2018.02.06 2017고단1066
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 May 2, 2017, from around 18:00 to 20:00 of the same day, the Defendant: (a) committed assault on the grounds that he or she was aware of the victim D (V, 34 years old) who was denied, and that he or she said that he or she would proceed to divorce; (b) as a drinking, he or she was assaulted on the part of the victim on the ground that he or she did not know that he or she would have been divorced.

2. The Defendant, who is subject to special coercion, takes the knife (30cm in total length, 17cm in length) of the knife, which is a dangerous thing in the kitchen at the time and place specified in paragraph 1, as his hand, and is equal to what the knife died.

After intimidation, "The name of the house and the vehicle should be changed in the future because four wind has been wrong because the victim made a mistake by avoiding the wind" and "the owner will exceed the ownership of the house and the vehicle in the paper A4."

“Preparation of a letter of the terms “....”

이에 피해자가 주저하자 다시 주방에 있던 위험한 물건인 과도( 총 길이 25cm, 칼날 길이 14cm) 로 피해자의 좌측 어깨를 쿡쿡 찌르며 “ 빨리 적어라.

“The victim, by intimidation, made it possible for the victim to prepare a letter of such content.”

Accordingly, the defendant carried dangerous objects and caused the victim to do an unobligatory act.

3. The Defendant damaged property at the date, time, and place described in paragraph 1, and damaged that amounting to KRW 394,000 for repairing cost by 6 opphones owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the Defendant was a beer and knicker to the victim, and the report of internal investigation (as to attaching pictures, such as knife knife, etc. used for committing the crime), and the investigation report (as to the attachment of a knife, etc. by the victim) (In full view of the following circumstances, the Defendant was a knife and knife.

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