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(영문) 서울남부지방법원 2015.06.05 2015고단1498
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

Around 18:00 on February 22, 2015, the Defendant: (a) around 18:00, in Yangcheon-gu Seoul Metropolitan Government, her wife C (the age of 48) and her wife drinking alcohol on the ground that the male relationship between her wife and her wife was complicated; (b) her chest side is walking the victim’s chest, her hand knife the victim’s head, her hand, and her hand knife a knife, which is a dangerous object in the main room; and (c) her knife the victim’s knife with the victim’s knife.

Accordingly, the defendant assaulted the victim and threatened him with dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Emergency measures report;

1. Each investigation report (related to an application for a provisional measure and attaching a written decision on ad hoc measure);

1. Application of Acts and subordinate statutes to each investigation report (to hear statements, such as additional details of damage inflicted on the victim and statements of the victim);

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 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

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 the sum of the long-term punishments in two crimes);

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act of probation and community service order are as follows: Type 1 (Intimidation) (Scope of Recommendation) and Type 4 (Habitual, Cumulative, and Special Intimidation) and the basic area (6 months to one year and six months) [the scope of Recommendation] of the second crime (Assault) that has no special person] [the scope of Recommendation] of the basic area (2 months to ten months), the basic area (2 months to one month) of the first crime (general assault) (2 months to one day] of the second crime: The scope of final sentence due to the aggravation of multiple crimes: From 6 months to 11 months (decision of Sentence] of the defendant is deeply divided into and against the crime; the defendant has no record of punishment exceeding a fine after being sentenced to a suspended sentence for ten years; the defendant's age, character, conduct and circumstances after the crime was committed.

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