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(영문) 창원지방법원 통영지원 2013.10.30 2013고단492
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 June 15, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) reported that the victim D (the 50-year-old-old-old-old-old-ro reservoir) is under fishing at around 18:00, and that the victim used the phrase “the victim will not have any fright-water, if all people drink this water.”

On June 15, 2013, at around 19:30, the Defendant observed the Defendant’s house in Sinnam-si, in front of the Defendant’s house in Sinnam-si, and prevented the victim from getting on and off the vehicle.

피고인은, 피해자가 위 차량의 창문을 내리자 피해자에게 “야이 씹할놈! 개새끼야! 내가 한 놈은 죽였는데, 너를 못 죽이겠냐.”라고 욕설을 하며 피고인의 집 장독대 위에 놓여 있던 위험한 물건인 낫(손잡이 길이 15cm, 날 길이 7cm)을 피고인의 머리 위로 들고 피해자를 내려칠 것처럼 행동하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. On June 15, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectives, deadly weapons, etc., damage, etc.) around 19:30 on June 15, 2013, in front of the Defendant’s house located in Yong-gu, Chungcheongnam-do, around 19:30, the repair cost was 465,00 won, such as: (a) the Defendant threatened the victim to drive a vehicle in the future by threatening the victim; (b) the victim was driving the vehicle in the future; and (c) the victim was able to get the bitle part of the bitle of the vehicle, which is the victim’

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (the discovery of criminal conduct tools), and a report on investigation (a written estimate);

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act concerning a crime and Article 283(1) of the Criminal Act are dangerous.

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