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(영문) 대전지방법원 천안지원 2013.12.19 2013고단1335
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The victim C (the age of 44) is currently under separate living with the defendant due to the denial of the defendant, and the victim D (the age of 19) is the incidental of the defendant, the victim E (the age of 38) is the victim C and the person interested in internal affairs, and the defendant, the victim:

1. From May 13, 2013, around 20:30 on May 13, 2013, at C’s residence located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 702, that C and the victim E are taking an agenda to “C and E” for the reason that C and E are taking an agenda, and the victim D resisted that “the victim D are working for the only part of the defendant,” and the victim D’s “Ick for the only part,” which is a kitchen (15cc in the knife length) which is a dangerous object in the knife of the victim D, and the victim E were able to restrain the victim E, thereby threatening the victims by threatening the victim E’s knifeing the victim E’s knife.

2. On the 14th day of the same month, at around 02:555, the victim C purchased excessive points from the nearest convenience store on the grounds that the Defendant stated that he/she was a woman of the Defendant, and found him/her into the above F building, opened a door door and intruded on the residence of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement concerning C, E, and D;

1. Each self-statement of H and I;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of aggregating the long-term punishment of the crimes of violating the Punishment of Violences, etc. Act with heavier punishment) among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the means to commit the crime of sentencing under Article 62(1) of the Criminal Act is very dangerous, the defendant is given the suspension of execution.

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