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(영문) 창원지방법원 거창지원 2014.09.17 2014고단206
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

The defendant and the victim B(n, 47 years of age) were divorced on April 16, 2013, but they also reside at the victim's house in Gohap-gun C 806, Gohap-gun.

1. On July 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) and threatened the victim with a deadly weapon, which was in the kitchen, for the victim’s house, for 2-day gambling for 2-day and 3-day without any speech, on the ground that the victim was living abroad at the victim’s house (22cm in length, 12cm in length, and 12cm in length).

Accordingly, the defendant threatened the victim with a deadly weapon.

2. On July 21, 2014, at around 21:05, the Defendant purchased gasoline 1.6 liters at the Gyeongnam gas station, and used gasoline transit liftss at the instant victim’s house room and used it as “any of the instant victim’s family members at night.” On the one hand, three police officers dispatched upon receipt of a report by 112 enter the house, and 1.3 liters around 1.3 liters at the floor of the living room, but the police officer was subject to restraint.

Accordingly, the defendant prepared a fire prevention of a building used as a residence by a person for the purpose of fire prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. A written statement;

1. A report accompanying photographs;

1. Application of each of the existing Acts and subordinate statutes of subparagraphs 1 through 3 of seized evidence;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, the main sentence of Article 175 of the Criminal Act, and Article 164 (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. The confession under Article 62 (1) of the Criminal Act, the fact that there is no same kind of punishment and no previous conviction, and the health of the accused is good;

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