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(영문) 서울북부지방법원 2012.11.28 2012고단831
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is the father and father of the victim C (ma, 16 years old), the victim D (ma, 13 years old), and the former part of the victim E (ma, 69 years old).

1. On July 13, 2006, the Defendant, in violation of the Punishment of Violences, etc. Act (collective threat of deadly weapons, etc.), expressed that he would bring a kitchen knife, which is a deadly weapon in the kitchen, brought to D, bring the victim E, and put the victim E, on the ground that the Defendant had taken the F apartment 514 Dong 1805 at Yangju-si, 13:30, and the victim E, who is a money outside of D, and was in the kitchen. However, upon D’s refusal, the Defendant directly threatened the victim E with the knife of the victim E, and then threatened the victim E by saying, “I am hiff, and siff,” respectively.

2. Injury;

A. At around 19:00 on June 30, 201, the Defendant: (a) sent back the head and shoulder of the Defendant’s house; (b) on the ground that the Victim C was about drinking alcohol and drinking alcohol, the Defendant sent back the head and shoulder number of the Victim C’s body body body body body body body body with the cleeper; and (c) the Victim C took the face of the Defendant’s body with the head with the Defendant’s knife and put about approximately three weeks of treatment, such as unfortunateing in the number of days of treatment.

B. At around 19:00 on July 3, 201, the Defendant, at the above Defendant’s house, sent back the part of the victim D’s bridge to the victim D several times due to the victim D and C’s outer bucks E, and continued to put the victim C’s bucks into bucks, and caused the victims to bucks where the part of the victim C’s bucks bucks can be cut off to bucks, etc.

Summary of Evidence

1. Legal statement of witness E;

1. A complaint;

1. A medical certificate;

1. Part of the police interrogation protocol of the defendant

1. Application of the Act and subordinate statutes to the suspect interrogation protocol of the defendant (including C, D, and E)

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

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.

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