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(영문) 제주지방법원 2014.11.20 2013고단1563
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

except 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. Around 21:20 on October 2, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) stated that the Defendant returned home at the Defendant’s residence located in Western-si C, and that the Defendant was her wife’s victim D (here, 25 years of age) returned home late, and that the Defendant was her wife with a knife knife, which is a dangerous object in the kitchen, and that the Defendant “I am at the end” and “I am at the end,” and that the Defendant was her knife and knife, as if the Defendant committed suicide, and the Defendant was her knife with the victim’s hand, and knifeed the victim’s hand.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

2. On October 2, 2013, the injured Defendant: (a) took a horse or dispute with the injured party in the Defendant’s residence; (b) took 2 times at the injured party’s hand; (c) took part of the victim’s head clock with loss; and (d) took part in the victim’s head clock with loss; and (e) took part in the victim’s body due to drinking and growth, the injured Defendant sustained injury, such as cerebrum, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. Application of each medical certificate, each photographic statute;

1. Relevant Article of the Act on the Punishment of Violences, etc. and the Selection of Punishment: Injury under Articles 3 (1) and 2 (1) 1 of the same Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act;

U.S. Imprisonment

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Suspension of execution: Recommendations and scope of sentence on the grounds of sentencing in the sentencing guidelines for Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act), (i) the category of violent crimes, intimidation, the type of four (special intimidation), the area of mitigation (special mitigation of punishment: 4 months: - 1 year, 2 years, and the group of violent crimes.

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