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(영문) 청주지방법원 2015.09.17 2015고단961
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 11, 2015, at around 18:30, the Defendant interfered with the Defendant’s father, who was drunkly in the D’s house, the father of the Defendant, and obstructed the Defendant’s preparation for specifications, the Victim E (38 years of age) who is the birth of the Defendant was restrained from this, and subsequently, assaulted the Victim’s left face and part of the son’s length with his hand at least four times.

Accordingly, in order for the victim to remove the defendant, the defendant who was pushed the chest side of the defendant's chest was tightly in the kitchen, and the victim threatened the victim with "I will die................" The victim is 31 cm in total length, 19 cm in a kitchen (the total length, 31 cm in length, 19 cm in a knife) with the sound of "I will die, I will die............................................................., the victim was able to kill the victim with the dangerous things in the kitchen, which had been in danger of being in the kitchen...."

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police statement of E and F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to the site and photographs of seized articles;

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; Article 260 (1) of the Criminal Act;

1. Selection of imprisonment with prison labor for a crime of elective assault;

1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, among concurrent crimes, the Defendant was sentenced to three years of suspension of the execution of imprisonment with prison labor for one year and six months at the Cheongju District Court on February 5, 2015 and the said judgment became final and conclusive on February 13, 2015, for the following reasons: (a) the Defendant, among concurrent crimes, tried to commit the crime of fire in a container owned by his/her birth victim and in an attempted attempt, inserting the container, inserting the kitchen, and

The defendant in the above case does not know whether he was subject to suspended sentence due to the agreement of the victim, etc., from the date of the sentence during the grace period.

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