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(영문) 전주지방법원 남원지원 2013.09.24 2013고단173
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

1. On July 18, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) cited a knife kitchen, which is a dangerous thing in the port of the Republic of Korea (the total length of 30cc, 17cc., knife) and the victim C (the age of 26) who was under the influence of alcohol in the Defendant’s house located in Namwon-si, Namwon-si, and the victim C (the age of 26) who was living together, and the victim was in a dispute with the victim, and threatened the victim with the knife of the victim.

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

2. The Defendant causing property damage: (a) caused the damage to the victim D, a female living together with the Defendant, who had arrived at the house late later at the time and place specified in paragraph (1), by putting the victim’s wife in the room above the 40,000 won at the market price of the victim’s possession; (b) caused the damage to the wall by cutting off three parts of the building unit’s salary at the 40,000 won.

3. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) had a kitchen knife, which is a dangerous object, in the places specified in paragraphs (1) and (2), and continuously displayed the said dangerous object, and then threatened the victim with the wall three times in the above knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Police seizure records;

1. Application of Acts and subordinate statutes related to a written estimate for investigation report;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 366 of the Criminal Act concerning criminal facts (the point of intimidation to carry dangerous things), Article 36 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. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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