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(영문) 대전지방법원 2015.08.26 2015고단2225
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 and 2 shall be confiscated, respectively.

Reasons

Punishment of the crime

[Criminal Power] On February 21, 2013, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daejeon District Court on February 21, 2013, and was released on August 14, 2013 during the execution of the sentence and passed on September 20, 2013.

【Criminal Facts】

On March 11, 2005, the Defendant, who was married with Mongolian (n, 37 years of age) on April 27, 2015, continued to reside in the Victim C's House of the Victim C of Sejong Building 203, since there was no place to proceed despite the agreement divorce on April 27, 2015.

1. On July 4, 2015, the Defendant committed the crime of July 4, 2015: (a) around 23:00, at the victim C’s house, the Defendant stated, without any justifiable reason, that “I will give up the boomer prior to the death of the brue, with the total length of 40cc, which is a dangerous object that had been under the influence of alcohol,” and “I will give up the brue prior to the death of the brue.”

Accordingly, the defendant carried dangerous objects and threatened the victim C.

2. On July 5, 2015, the Defendant committed the crime of July 5, 2015, at around 10:40, 2015, the victim E (7 years old) who is the Defendant’s son at the victim’s house, without any reason, said, “the victim E (7 years old),” and without any reason, when drinking the victim E at one time, the victim E’s side glass, and the victim C, which is a dangerous object in the main room (29cm in total length, 17.5cm in length, 17.5cm in length, 17.5cm in length,) and said, the victim C, “the police, before a clerical error, shot off”.

Accordingly, the defendant assaulted the victim E and threatened the victim C by carrying dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. 112 Reporting case handling table; and

1. Photographs and on-site photographs of the criminal tools;

1. Records before and after judgments: Criminal records, inquiry reports, investigation reports (Attachment to the same type of power), and application of Acts and subordinate statutes on the current status of confinement;

1. Relevant Article of the Criminal Act and violence, etc. as to the choice of punishment;

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