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(영문) 의정부지방법원 2014.11.18 2014고단3224
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six 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 defendant was living together with the victim E (ma, 22 years of age) who is a great grandchild due to his spouse and separate occupation, and the victim F (n, 18 years of age) who is a small father.

Around 09:50 on September 7, 2014, the Defendant asked the victim F to see that he did not have a male and diving 402, the Defendant sent to the victim F, and sent to the Defendant the attitude that the victim E, who followed the above F, was living together with the Defendant, and then threatened the victims with two excessive knife (the total length: 22 cm, the knife length: 11 cm) which is a dangerous object, by using two knifes (11 cm) which are dangerous things, and threatening the victims to “I would die.............” As the knife, the Defendant used knife the kitchen (the length: 30 cm, the knife length: 20 cm) which is a dangerous object, and threatened the victims to die.

이에 피해자 F이 피고인을 피해 집을 나가려 하자 피해자 F의 얼굴을 손바닥과 주먹으로 때리고, 이를 말리는 피해자 E의 머리를 잡아당기고 손으로 머리를 수 회 때리고, 발로 배를 수 회 찼다.

Accordingly, the defendant committed violence to victims by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Police seizure records;

1. Application of photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The scope of sentence under Article 62(1) of the Criminal Act for the crime of assault (Habitual, Habitual, Habitual, Special Violence) is mitigated (4 to 1 year and 2 months) [Special Mitigation]. The defendant's act is criticized as dangerous acts.

However, the victims of this case do not want the punishment of the defendant as their offsprings.

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