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(영문) 대전지방법원 천안지원 2014.07.22 2014고단356
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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

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

Reasons

Criminal facts

The defendant was the victim C(n, 41 years of age) who was living together from around 2006 to October 16, 2013, and the victim D was the victim D from the high school to the friendship.

1. Crimes against victims C;

A. On October 2010, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed assault by taking the kitchen knife, which is a deadly weapon, into consideration in the victim’s item, on the ground that the victim had taken the horse room at the time of 103 406 and 406, Seoan-gu, Seoan-gu, Seocheon-gu, Yan-gu, the Defendant: (a) committed assault by taking the kitchen knife, which is a deadly weapon; (b) by taking the kn

B. On October 2012, the Defendant, in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) threatened the victim with the kitchen knife, which is a deadly weapon, in front of the victim’s eye, on the ground that the victim said the victim to have hedging at the time of Yananan-gu, Seo-gu, Seocheon-gu, Yan-gu.

C. Around 03:30 on November 10, 2013, the Defendant was found to have been the victim’s house located in Seo-gu G apartment 101 Dong 504, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, where the victim was living separately. On the other hand, the Defendant removed the crime prevention window in which the victim would not open the door in front of the present house, and invaded the victim’s residence after destroying the glass window.

In the same time and at the same place, the defendant committed indecent act by compulsion means that the defendant is forced to be off, off, and open, and in spite of the victim's resistance, the defendant forced to be off all the victim's gates and clothes.

E. The Defendant caused property damage, at the same time and at the same place, to tear, and continuously damaged the intangible goods in an amount of KRW 7 million in the market price, such as North Korea, clothing, debts, chairs, and personal matters owned by the victim who was in the house with the kitchen knife, and continuously damaged the property in an amount of KRW 12 million in total at the market price of KRW 5 million owned by the victim who was in the house with the kitchen knife at the same time and at the same place.

(f) The defendant is in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at around 04:30 on the same day.

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