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(영문) 대전지방법원 천안지원 2013.08.09 2013고단582
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

Defendant

A Imprisonment with prison labor for eight months and for one year and six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A thought that the victim D(54 years of age) is not a good answer to himself, and around April 15, 2013, after the first instance of April, 2013, A, along with Defendant B, etc., sought the residence of the victim in the Dong-nam-gu, Dong-gu, Dong-gu.

Defendant

A, on the other hand, had the victim flick and flicked his body flock while she was in dispute with “drawing and spreading vabin.”

1. The Defendant’s body tried to witness and block the above fighting, but the victim tried to keep the fighting without a petition, using a hack pipe (two meters in length) which is a dangerous object surrounding the fighting, in order to keep the fighting in force, and put the victim a head in need of approximately two weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant A and his body returned home after fighting with the victim, but was boomed by assaulted by the victim.

이에 피고인은 같은 날 오후경 집안에 있던 위험한 물건인 부엌칼(총 길이 30cm, 날 길이 18cm)을 들고 위 피해자의 주거지로 가 피해자를 발견하고, 한 손으로 피해자의 멱살을 잡고 다른 손에 쥔 부엌칼을 피해자를 향해 겨누며 "너 인생 그렇게 살지마라"라고 말하면서 피해자를 협박하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Photographs;

1. A criminal investigation report and an investigation report;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article applicable to criminal facts;

A. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act

B. Article 3(1) and (2) of the Punishment of Violences, etc. Act

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