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(영문) 광주지방법원 2014.01.16 2013고단5136
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant was married on January 8, 2009 with the female H, 26 years old, the victim of Vietnam, and on September 25, 2012.

1. Violence;

A. At around 11:00 on June 23, 2009, the Defendant: (a) 11:00, on the ground that the above victim frequently runs away from the white field of the Defendant, the Defendant laid down the victim’s head with his left hand; and (b) assaulted the victim by twice by taking the victim’s head with his/her scam scam.

B. On April 2010, the Defendant assaulted the victim on the ground that the Defendant was unable to see his father’s father within the Defendant’s residence located in the Masung-gun J, Masung-gun, on the ground that he was the victim of his flapsing.

2. On March 201, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.), and around 16:30 days from the date of March 201, the Defendant was dissatisfied with the victim’s coming home in the above Defendant’s residence, and the victim took up the kitchen knife, which is a dangerous thing in the kitchen, on the ground that the victim would have come to go to Gwangju for preventive vaccination against his/her father and caused him/her to go to his/her abstinction, and she took up the kitchen knife with the victim’s part of the kitchen knife.

Accordingly, the defendant threatened the victim with dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Application of the Acts and subordinate statutes of evidence photographs;

1. Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles), Article 260 (1) of the Criminal Act concerning the crime;

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

1. Although the Defendant’s act of dancing with the victim by reason of sentencing under Article 62(1) of the Criminal Act does not correspond to the case where the victim’s body or life is dangerous, the Defendant’s intellectual disability 2.

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