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(영문) 서울남부지방법원 2013.06.05 2013고단1103
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 피고인은 2013. 1. 6. 17:30경 서울 양천구 B 아파트 경비실 내에서, 입주자인 피해자 C(여, 59세)이 ‘화장실 천장에서 물이 샌다’면서 어깨를 톡톡 치는 등 귀찮게 한다는 이유로 화가 나, “에이 씨 이걸 그냥”이라고 말하면서, 위험한 물건인 망치를 집어든 후 때릴 듯이 2회 치켜들어, 피해자를 협박하였다.

2. The Defendant, at the time and place indicated in the foregoing Paragraph 1, was dissatisfied with the victim for the foregoing reasons, and at the same time, was sponsed out of the above guard room and sponsed the victim, thereby causing approximately two weeks of treatment to the victim, such as light salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Part C of the protocol of interrogation of the accused by the prosecution;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Articles 283 (1) and 257 (1) of the Criminal Act (Appointment of imprisonment with prison labor for the crime of injury);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act (the fact that the defendant has no previous conviction and has deposited 500,000 won to the victim) or more;

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