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(영문) 서울중앙지방법원 2014.07.24 2014고단3738
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant is a married couple on December 1, 2010 with the victim C (mast, 48 years of age).

1. On March 18, 2014, the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) and the Defendant injured the victim by taking the knife knife knife at the Defendant’s residence, between around 11:00 and around 16:40 on March 18, 2014, on the ground that the victim got to work at the Defendant’s domicile, Dongjak-gu Seoul Metropolitan Government D, 201 Dong 1108 (E apartment), but the victim took the knife knife at the Defendant’s seat, and threatening the victim with dangerous things.

The defendant continued to catch the victim's hair by hand, and sustained the victim's blick with his blick with his blick, and caused the victim to have a hole on the part of the blick with which the number of treatment days cannot be known.

2. On May 23, 2014, around May 23, 2014, the Defendant: (a) demanded the victim to submit necessary documents relating to an application for remedy of the National Happiness Fund relating to the victim’s obligation within the boundary of the above Defendant’s residence; (b) caused the victim to be knekeling on the victim’s face on a drinking ground; and (c) caused the victim to be kneking on the left side where the number of treatment days cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes on standing photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Article 62 (1) of the Criminal Act (including the circumstances, etc. described in the following reasons for sentencing);

1. Probation Criminal Act;

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