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(영문) 대구지방법원 김천지원 2014.04.30 2014고단135
폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)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

The defendant is in conflict with the victim B (n, 24 years of age) while attending a school with the victim B.

1. Around 08:00 on January 24, 2014, the Defendant entering a residence intrusion came into the house of the victim (hereinafter “victim”) of the building C in the Gu, Si, Gu, Si, si, si, and si, and entered the entrance of the entrance password, which the victim had known in advance to meet the victim, and then opened the entrance door and entered the house, and intrudes on the victim’s residence.

2. The Defendant violated the Punishment of Violence, etc. Act (collective confinement with a deadly weapon, etc.) at the time and place prescribed in paragraph (1) of the same Article, as seen above, when she was divingd from the victim’s house at around 10:00 on the same day, and when she listened to the victim’s speech that she would come from the house, she would be in danger to her from leaving the house. As such, she would threaten the victim’s face, knife ( approximately 30 cm in total length, about 10 cm in blade, about 10 cm in length) and Ga ( approximately 18 cm in length), and “10 cm out of the victim’s face to prevent the victim from leaving the house,” and she would be out of the victim’s face to the effect that she would keep the victim out of the house from spreading the victim’s face, and would be out of the victim’s face to the extent that she would not be out of the victim’s face.”

Accordingly, the defendant carried dangerous things and detained the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of statutes on site photographs;

1. Article 3(1) and Article 2(1)2 of the Punishment of Violences, etc. Act regarding criminal facts, Article 276(1) of the Criminal Act (a) and Article 319(1) of the Criminal Act (a) of the Criminal Act.

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