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(영문) 전주지방법원 남원지원 2014.04.01 2014고단16
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 October 2, 2013, the Defendant violated the Punishment of Violence, etc. Act (collectively, deadly weapons, etc.) at around 20:45, the Defendant, “E” in the territory of the victim D (the age of 43) located in the Jeonbuk-gun, Suwon-gun, North Korea, to talk with the victim about the unpaid wage issue against the husband F of the victim. The victim, “Iskhhhhhhhhhhhhh..........................., the victim, who did not take the victim’s words “Ishh......................, the Defendant threatened the victim by using dangerous things (the length of 33 cm..............) using a kitchen that

2. The Defendant continued to inflict an injury on the victim, who had knife a knife knife knife that was knife by hand at the same time and at the same place as above 1, followed by the Defendant’s knife and knife twice the part of the victim’s knife so that the victim’s knife may need approximately two weeks treatment

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Police seizure records;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by sentence: Imprisonment for one to thirty years;

2. Sentencing criteria:

(a) The basic area (decision of the scope of sentence) that there is no crime in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) (a crime), violent crime, intimidation, or type 4 (a special offender) (a decision of the scope of sentence];

(b) Bodily injury (criminal type), general injury, or minor injury (special mitigation) of Type 1.

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