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Reasons
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(영문) 부산지방법원 2013.05.30 2012고단8775
폭력행위등처벌에관한법률위반(우범자)등
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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 in a relationship with the victim C (V, 50 years of age) for about five years. From the early 2012 Police Officer, the Defendant was in a relationship with the victim, and he was able to hear the horses from the victim. The Defendant was found in a singing room operated by the victim to comply with this.

1. On October 2, 2012, around 21:50, the Defendant interfered with the victim’s musical business by force for about 36 minutes by avoiding disturbance until around 22:26 of the same day, such as “E” in the victim’s “E” singing room operated by the victim located in the Busan East-gu, Busan-si, and “Ise and fri,” “Ise and fri,” “Ise and fri,” “Ise and fri,” and “Ise and kills,” respectively.

2. On October 3, 2012, the Defendant was investigated by the police upon the victim’s report on October 3, 2012, and then sought again in the said “E” singing room and demanded the victim to have a conversation, but the victim did not comply with it. On the ground that the victim did not comply with it, the Defendant, at least 31cm in the blade length and 19cm in the scopic length, brought the victim at a one-time singing room.

Accordingly, the defendant carried a knife, which is a deadly weapon, in thought of using it to threaten the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning C and F;

1. Application of the Acts and subordinate statutes of seizure records and seizure record;

1. Relevant Article 314 (1) of the Criminal Act, Article 7 of the Punishment of Violences, etc. Act (the occupation of carrying a deadly weapon that could be commonly used for committing a crime), and the selection of a fine, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Relationship with victims, exemption from punishment, consideration of agreement);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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