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(영문) 창원지방법원 2013.07.23 2013고단815
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. From July 2009, the Defendant, from around March 3, 2013, had livedd with the victim D (the age of 53) and had been faced with the victim on March 3, 2013. On March 19, 2013, the Defendant sought “F” clothes operated by the victim in Kim Sea-si E and threatened the victim to die, and then prepared one knife, which is a lethal weapon for use in intimidation (the total 32 cm and 21 cm in length). On March 22, 2013, the Defendant purchased two knife tape to use the victim’s knife and carried them in the shopping bags, and sent them to the victim “F” in the above “F” box around 16:50 on March 22, 2013.

피고인은 피해자가 밖에 나가서 이야기하자고 하자 피해자와 함께 위 옷가게 앞 G 원룸 주차장 끝편 화단에 앉자, 피해자를 손으로 넘어뜨리고 피해자의 몸통 위에 올라타 위 쇼핑백에서 흉기인 위 회칼을 꺼내 피해자의 목 부분에 겨누고, “씨발년 죽인다, 니 죽고 내 죽는다.”라고 말하며 수회 위 회칼을 피해자의 가슴 부분까지 내려치는 시늉을 하였다.

Accordingly, the defendant threatened the victim with the knife, which is a deadly weapon.

2. At around 18:10 on the same day, the Defendant found the clothes mentioned in the preceding paragraph again for the foregoing reasons and threatened the victim with a brupted weapon (total 23 cm and 13 cm in blade) that was prepared in advance by the Defendant, with the knishing the victim’s knife at hand, leading the victim to the above excessive part of the victim’s item.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes on 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. The criminal records against the defendant under Article 62 (1) of the Criminal Act shall be sentenced to suspended execution;

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