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(영문) 대구지방법원 안동지원 2015.04.28 2014고단1005
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That 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 August 3, 2014, at the same time as, around 09:00 on August 3, 2014, the injured Defendant: “D” restaurant located in Ansan-si C, where a dispute occurred with the victim E (or 25 years of age) who is the legal spouse of the Defendant, and family problems, “no need exists.” The victim himself/herself sold the victim’s head on the part of the victim, 30 times by drinking and hand, 5-6 times by drinking, 5-6 times by drinking the victim’s face; 5-6 times by drinking; 5 times by drinking the victim’s face; 5 times by drinking, the victim’s head is collected from the victim; 5 times by hand, the victim’s head was collected from him/her; and she was collected from the bucks of the victim; and she was sold on the victim’s bucks.

As a result, the Defendant inflicted an injury on the victim, such as the cutting of a peltos that need to be treated for about three weeks.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 위 1항과 같은 일시 및 장소에서 피해자에게 주방에 있던 위험한 물건인 식칼(길이 약 30cm)을 손에 들고 피해자의 배 쪽으로 찌르는 시늉을 하며 피해자에게 “죽여 버린다.”라고 말하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

3. From around 09:40 on August 3, 2014 to around 09:45 on the same day, the Defendant: (a) put the victim into a narrow channel between the said restaurant and the toilet at the same place as the above paragraph (1); and (b) prevented the victim from leaving the said place for several minutes by diving the knb inside the said restaurant.

Accordingly, the defendant detained the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement of E;

1. A complaint;

1. Each medical certificate (the No. 3, 4, hereinafter referred to as "Evidence List") is omitted;

1. Each investigation report (9, 12, 18, and 20) (the defendant is somewhat different from the circumstances leading up to the crime of injury, violation of the Punishment of Violences, etc. Act (a collective crime, deadly weapons, etc.), and the crime of confinement is committed.

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