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(영문) 청주지방법원 충주지원 2014.01.24 2013고단863
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:50 on November 14, 2013, the Defendant came before the house of the victim D (at the age of 49) located in the C Apartment 312 dong 808 (at the time of inn, c apartment 312 dong 312 Do, and 808, and the Defendant went into the house of the victim even though he was sealed by the victim on the ground that the victim did not come to the house, and the victim did not come to the house, and the Defendant was sealed.

Accordingly, the victim's "I have another male," and "I have a knife in this context," and the knife knife, which is a deadly weapon on the front of the victim, was cut off and sticked on the front of the victim, with the knife onto the front knife, 16ccm in front of the victim."

Accordingly, the defendant invadedd the victim's residence, and threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure lists;

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a punishment (the points of intrusion upon residence, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the points of intimidation to carry a deadly weapon);

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has agreed with the victim, the fact that the defendant reflects the crime, and other circumstances that form conditions for sentencing as shown in the records, such as the age, character and conduct, occupation and home environment of the defendant);

1. Social service order under Article 62-2 of the Criminal Act;

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