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(영문) 광주지방법원 목포지원 2014.05.09 2014고단296
폭행등
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 of the final judgment.

Reasons

Punishment of the crime

The defendant was in a relationship with the victim B (n, 48 years of age).

1. On February 23, 2014, at around 02:00, the Defendant destroyed and damaged the Victim B’s house located in the 208 dong 1202, 1202, where he/she had a horse or dispute with the victim, and the victim’s market price in the ward was unknown.

2. On February 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) took a look at the victim D (the former husband), while waiting at B’s house in order to dispute with B and to make a reconciliation after the dispute with B, as prescribed in paragraph (1) of the same Article, and thereby, B came into the house with the victim D (the former husband) who was the husband, and taken a chemical weapon (the total length of 24.5cm, the blade length of 14.5cm, and the blade length of 14.5cm) in the kitchen, and threatened the victim, stating, “I am this fright.”

Summary of Evidence

1. Defendant's legal statement;

1. The application of the police statements and investigation reports (related to collection and photographing photographs) to B and D, respectively;

1. Relevant statutory provisions for criminal facts, Article 366 of the Criminal Act of the choice of punishment, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act [the scope of punishment recommended by the sentencing guidelines [the minimum number of concurrent crimes under the former part of Article 37 of the Criminal Act among the crimes of causing property for which the sentencing guidelines have not been set for not less than six months but not more than one year is the case where the sentencing guidelines are set yet to be concurrent crimes under the former part of Article 37 of the Criminal Act. The scope of punishment recommended by the sentencing guidelines (the imprisonment of not less than four months but not more than one year) differs from the range of the sentencing guidelines (the imprisonment of not more than six months and not more than six months)]. Accordingly, imprisonment with prison labor for not less than six months, violent crimes, Type 4 (Special Intimidation of Habitual Offense) of the Punishment of Violence, etc. Act, and the special mitigation range of punishment area]

1. Of concurrent crimes, the term of the above two crimes under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be aggregated; and

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