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(영문) 대전지방법원 서산지원 2015.08.28 2015고단549
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant listened to the statements that a new male has occurred to the victim C (the age of 44) who was a past relationship with the victim in the past, and thought that he will comply with it to the victim.

1. Around 05:10 on July 1, 2015, the Defendant sought a conversation from the victim’s house located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and requested the victim to talk, but the victim was in possession of a dangerous object ( approximately 36 cm in total length, approximately 22 cm in blade) after the victim opened the door, which is a dangerous object ( approximately 36 cm in total length, approximately 22 cm in blade in the blade length). The Defendant displayed the victim’s kylphone, who was in possession of the dangerous object ( approximately 20 cm in total length), and threatened the victim by opening the door with a telephone camera, which is a dangerous object in possession.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage, etc.) destroyed the entrance door owned by the victim so as to cover KRW 30,000,00 of repair cost by inserting the part of the gate of the gate, which is a dangerous object in possession of the victim not to open the door at the time and place specified in paragraph (1), and attempted to put the part of the gate, which is a dangerous object in his/her possession, into the crepit and forced punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Seizure records;

1. Photographs concerning the damage to property;

1. Application of Acts and subordinate statutes to a report on investigation (amount of damage);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 48(1) of the Criminal Act is the first crime (compeachment) (compeachment) of the Criminal Act.

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