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(영문) 대전지방법원 논산지원 2015.10.16 2015고단384
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is between the victim B (n, 35 years of age) and the victim B.

1. Around 01:40 on June 1, 2015, the Defendant assaulted the victim by taking a knife (8cm in length, No. 100cm in length, No. 20cc, No. 2) of the kitchen, No. 102 (D apartment) at the Defendant’s residence, on the ground that the victim B had winded and delayed, and she had a dangerous thing under the influence of alcohol (8cm in length, No. 1) at the victim’s house, which is a dangerous thing under the influence of alcohol, and continued to take the knife of the kitchen, which is a dangerous thing, (20cm in length, No. 2) under the direction of the victim, and assaulted the victim’s vessel, and then took the kitchen by taking the knife with the kitchen, “the knife,” and then throw the knife at the victim’s room, and then throw away the dangerous things.”

2. In order to prevent the victim from reporting the defect to a telephoneer who was in the ward and the police at the time and place mentioned in paragraph 1, the Defendant damaged the property by means of gathering the offline of the market price at the bottom in order to prevent the victim from reporting it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. The photograph, records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of the intention of relative divorce of a victim) prepared by assistant prosecution officials;

1. Articles 261 and 260 (1) of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

2. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments on crimes of special assault and special intimidation between crimes, and punishment specified for special intimidation of which punishment is heavier).

3. Selection of sentence of alternative imprisonment;

4. From among concurrent crimes, the crimes of special intimidation and damage to property under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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