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(영문) 대전지방법원 홍성지원 2015.02.11 2014고단699
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around September 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) cited kicker (33 cm a deadly weapon (total length), which is a deadly weapon (total length), and acted as a victim’s body by getting off the near wall where the victim is under way, on the ground that the victim d (the age of 45) destroyed the Defendant’s glass window, at the room of the victim D (the age of 45) located in Hongsung-gun, Chungcheongnam-gun, Hongsung-gun, and then doing so.

Accordingly, the defendant threatened the victim with a deadly weapon.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage, etc.) was destroyed by taking advantage of the aforementioned fingers, which are a deadly weapon, in the date and place specified in paragraph (1), and by taking advantage of such fingers as a deadly weapon, thereby destroying or damaging a line, television, and scriptive, etc. on the market price of the victim E, who is the owner of the house, and 1,125,00 won of the market price of the victim E

Accordingly, the defendant, carrying a deadly weapon, destroyed the property owned by the victim D and E.

Summary of Evidence

【Court No. 1】

1. Defendant's legal statement;

1. Statement D in the second protocol of suspect examination of the accused against the accused;

1. Statement made to D by the police;

1. Seizure records;

1. Photographs (the second fact on the market);

1. Defendant's legal statement;

1. Statement D in the second protocol of suspect examination of the accused against the accused;

1. Each police statement made to D and E;

1. Seizure records;

1. Photographs;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the crime: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act on the destruction and damage of and damage to a deadly weapon by carrying a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 36 of the Criminal Act;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is the largest.

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