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(영문) 창원지방법원 밀양지원 2014.08.21 2013고단174
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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

Reasons

Punishment of the crime

1. On January 14, 2013, at around 10:10, the Defendant, at the Defendant’s house located in Gyeongnam-gun, who was in a legal marital relationship with the Defendant (at around 40 years of age) from around 10:10, 2013, was killed by the Defendant, on the ground that the victim D (at around 40 years of age) was gambling, and the Defendant was at home and was at the house, and the Defendant was at the same time at the same time having a defect in divorce, on the part of the victim’s knife, bread the victim’s breath, and the victim’s b

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) continued to catch breath in Article 1(a) with the victim, and threatened the victim as if he would inflict any harm on the body of the victim, by using the kitchen 30cm (30cm in the blade length of the kitchen), which is a dangerous object in the said kitchen clishing, while having carried with flap with the victim, and then threatening the victim as if he would inflict any harm on the body of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

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 257 (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. The grounds for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are the first crime [the scope of recommending punishment] under the category 4 (Habitual, Cumulative, and Special Intimidation) [the scope of recommending punishment] under the mitigation area (4 to 1 year), the mitigation area (including voluntary efforts to recover damage), the mitigation area (including voluntary efforts to recover damage), or considerable partial damage, the second crime [the scope of recommending punishment] under the mitigation area (2 to 1 year), the mitigation area (2 to 3 years), or the mitigation area (2 to 1 year), or where considerable damage has been recovered from the mitigation area (including serious efforts to recover damage), the final sentencing scope according to the aggravation of multiple crimes:

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