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(영문) 울산지방법원 2013.05.24 2013고단1651
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 피고인은 2012. 12. 하순 22:00경 울산 남구 B에 있는 피해자 C(여, 57세)의 집에서 피해자가 다른 남자를 만난다고 의심하여 미리 소지하고 있던 흉기인 권총형 가스분사기를 피해자의 가슴을 향해 겨누면서 “니가 그놈과의 관계를 바른대로 말하지 않으면 쏴 죽이겠다”고 말하여 피해자를 협박하였다.

2. On December 2012, 2012, the Defendant, at the lower order of 23:00, threatened the victim by taking advantage of the victim’s excessive amount (10cm in blade, 19.5cm in total length) that is a dangerous object that was prepared in advance at the places specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on police seizure records;

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

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;

1. The portion of public prosecution dismissed under Article 48 (1) 1 of the Criminal Act;

1. Facts charged;

A. A. On November 201, 2012, the Defendant: (a) suspected of having a female-friendly job victim C, who was parked in the Republic of Korea at the early 22:00 Simsan Simsan-si, with the victim’s suspicion that there was another male, the Defendant threatened the victim by saying, “The victim was a woman-friendly job victim for a period of time, whether he was a woman-friendly job with her chron, not a correct chron; and (b) the victim was threatened.”

B. On January 19, 2013, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent text messages stating that “the victim’s cell phone (G) was able to use a cell phone (F) from the Defendant’s house located in Gangseo-gu Busan Metropolitan City, to the victim’s cell phone (G).” (b) At around 13:19, the Defendant sent to the victim’s cell phone (G).

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