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(영문) 청주지방법원 2016.09.29 2012고단2512
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, who is the mother of the victim C(W, 28 years old), was the victim D'F's "F's operation of the D in the Gu E considerable in Cheongju-si on the ground that he is not the defendant's other male who is not the defendant.

1. On July 15, 2012, the Defendant: (a) destroyed the Defendant’s damage of special property by destroying the door door of F on the ground that the Defendant posted the door door to the Defendant, but the Defendant did not open the door, and (b) destroying the stones, which are dangerous objects in the vicinity of the door, due to the Defendant’s failure to open the door.

2. Special intimidation: (a) The Defendant uses the kitchen knife, which is a deadly weapon in the kitchen at the time and place specified in the foregoing paragraph (1) to the victim; and (b) “A” uses the kitchen knife (18cc in length), which is a deadly weapon in the kitchen.

To die, to die, to die, to die, and to die and die.

“Around two occasions, the kitchen knife knife of the victim, as in the case of the victim, had the kitchen knife knife, and threatened the victim, as it would inflict any harm on the victim’s life or body.

3. The Defendant committed assault, at the time and place stated in the above two paragraphs, by threatening the victim, and inserting the kitchen knife in the back of the Defendant’s kitchen knife, and then taking tobacco into the back of the kitchen knife in order for the victim to take the above kitchen knife in the Defendant’s possession, with the defect in selling the knife of the victim’s knife.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Articles 369(1), 366, 284, 283(1) and 260(1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. The contents and result of each crime on the grounds of sentencing under Article 62(1) of the Criminal Act, the circumstances of the crime, the contingent crime, the minor damage, and the same kind of criminal record as or more than the suspended sentence.

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