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(영문) 춘천지방법원 영월지원 2012.08.14 2012고단211
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On September 18, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Seoul Western District Court on September 18, 2009, and on March 11, 2011, on March 26, 201, and has the same kind of power as the termination of the execution

1. Violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.);

A. On February 2, 2012, the Defendant: (a) was a person living together with the victim C (the age of 47); (b) was a person living together with the Defendant, who was under the influence of alcohol, and (c) took the kitchen knife (the total length of 32 cm, the knife 20 cm), which is a dangerous object in the Washington, while under the influence of alcohol, of the Gangwon-gun Snife-gun 402, and took the kitchen knife (the total length of 32 cm, the knife 20 m

B. On March 2012, 2012, the Defendant, while under the influence of alcohol at the above place, broken a breamer’s disease, laid down a shoulderer’s disease, which is a dangerous object, and threatened the victim.

2. On May 15, 2012, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective injury, etc. by deadly weapons, etc.) boomed the kitchen blade (32 cm in total length, 20 cm in the kitchen), which is a dangerous object in being drunk at the same place and took the floor of the kitchen, while taking a bath for the victim at the same time, and brought the victim C a two-way clock in need of treatment for about 14 days at the end of the kitchen knife.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. A medical certificate of injury, list of seizure, investigation report (on-site photographs and photographs of the criminal suspect to be attached);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports ( Results of suspect's search);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act

1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes:

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