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(영문) 수원지방법원 2013.10.16 2013고단1383
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

On October 10, 2012, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution for violating the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Suwon District Court, and the said judgment became final and conclusive on the 18th of the same month.

The defendant is a person without a certain occupation who was living together with the victim C (V, 53 years of age) and the D Apartment 5 Dong 404 from April 201.

1. On July 10, 2012, the Defendant: (a) while drinking alcohol in the above residence on July 10, 2012, around 21:30, the Defendant: (b) expressed the victim’s desire to drink alcohol only; (c) expressed the victim’s desire to “this e-mail years”; and (d) took swords (35 cm in length) that were dangerous goods that were suffering from the inner wall, and kiding the victim into the inner wall, and threatened the victim by carrying a dangerous object, such as the gas gun, which is a dangerous object that was suffering from the inner wall, with a view to harming the body of the victim, and harming the victim by carrying them with dangerous things.

2. Around 00:20 on July 12, 2012, the Defendant: (a) while drinking alcohol in the above residence; (b) the victim was fluored by drinking alcohol; (c) the victim was fluored on the floor; (d) the fluor’s disease, which was a dangerous object; and (e) the fluor’s disease was fluord by carrying a dangerous object that could cause harm to the body of the victim; and (e) threatened the victim by carrying the dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The second police statement concerning C;

1. Application of Acts and subordinate statutes to field photographs and criminal implements;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (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. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62(1) of the Criminal Act provides that the victim complained of his wife.

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