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(영문) 수원지방법원 성남지원 2015.09.03 2015고단1377
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

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 is between the victim B (n, 44 years of age) and the husband, and the victim C (10 years of age) are the children of the defendant.

1. On June 20, 2015, the Defendant: (a) around 09:00 in the Gyeonggi-si, Gwangju-si; (b) talked about the issue of whether the injured party B and his great dependent did not enter his house; and (c) made a dispute; and (d) the injured party was putting the injured party’s flag on the floor and damaged the ancillary equipment, where the market price cannot be determined between the injured party and his/her wife and his/her dependent.

2. The Defendant violated the Punishment of Violence, etc. Act (collective intimidation) had a kitchen knife, which is a deadly weapon in the kitchen at the time and place specified in paragraph (1) of the above Article, and made several visits to the upper knife, and then had a knife the knife on the part of the victim C in the room, with the knife the knife on the part of the victim C, and threatened the victim “the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife of the victim.”

Accordingly, the defendant, carrying a deadly weapon, threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of the Acts and subordinate statutes to the scene of crime and seized articles;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 of the Criminal Act, and Article 366 of the Criminal Act concerning the punishment of crimes;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are as follows: The scope of final sentence due to the aggravated aggravation of multiple crimes for which there are no basic areas (6 to one year and six months) (6 months) [the scope of recommending punishment] under Article 62(1) of the Criminal Act that there are no basic areas (6 to one year and six months), and the basic areas (6 months and one year and six months) [the scope of recommending punishment] under Article 62(1) of the Act on the Suspension of Execution.

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