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(영문) 부산지방법원 동부지원 2013.09.25 2013고단2437
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

However, 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 August 2, 2013, at around 07:00, the Defendant expressed an alcoholic beverage at the Defendant’s residence located in the 2nd floor in Suwon-gu, Busan, and had a verbal dispute with the Victim C (Y, 47 years of age) who was the Defendant’s wife, and expressed it, and the Defendant expressed a desire and threatened the victim D (12 years of age) who was the Defendant’s son, with three hours of time, such as “Illk for a knife, Il for a knife, Il for a knife, Il for a knife, Il for a knife.”

Nevertheless, the Defendant, who did not cover the kitchen, concealed a knife (28 cm in total length, 17 cm in knife) which is a dangerous thing in the kitchen, and continued to threaten the victims who were in the ward and the victims who were in the ward, and then led the victims of the domestic LPG gas (20 km), which is a dangerous thing in the kitchen, in the front of the kitchen, and threatened the victims.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution to C;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 283 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in depth as to the crime of this case committed by the defendant;

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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