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(영문) 수원지방법원 성남지원 2015.04.10 2014고단2664
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 5, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for injury, etc. at the Sungnam Branch of Suwon District Court on June 13, 2014, and the judgment became final and conclusive on February 13, 2014.

The Defendant was under suspicion of a male relationship with the Victim M(M, N, 46 years old) and about 3 to 4 years, while the Defendant was under suspicion of a male relationship with the Victim;

1. On July 21, 2014, the Defendant: (a) around 03:10 on July 21, 2014, at the home of the victim of the N1st floor N in Sungnam-si, Sungnam-si, where drinking alcohol together, and fluoring a fluorial fluor, the victim’s male relationship is doubtful, and the mobile phone locking device was laid down; (b) however, on the ground that the victim refused this, Samsung 2 mobile phone owned by the victim was put on the wall, thereby damaging the amount of the property.

2. On July 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectives, deadly weapons, etc.) demanded the victim to engage in sexual intercourse on the ground that the victim did not return Handphones, and subsequently rejected the request, the Defendant had a kitchen, which is an object dangerous to the remainder of the kitchen (the total length of 32 cm and 20.5 cm length of knife) with the kitchen, which is a dangerous object in the rest of the kitchen, and threatened the victim by having the knife the end of the knife with the same attitude that the knife would inflict any harm on the victim’s life or body.

3. At around 14:20 on September 14, 2014, the Defendant: (a) opened a security window of a small room window that was not locked by using any cres in the victim’s residence; (b) entered into the victim’s residence; and (c) went into the victim’s residence and intrudes on the victim’s residence.

4. 상해 피고인은 2014. 9. 14. 14:40경 위 장소에서 피해자가 귀가하자 피해자가 자신에게 거짓말을 한다는 이유로 피해자의 머리채를 잡아끌어 넘어뜨리고, 목을 조르면서 발로 옆구리와 입술 부위를 수 회 걷어 차 입술 안쪽이 1cm 가량 찢어지고 목이 빨갛게 붓는 등 치료일수 미상의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. M. M.

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