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(영문) 대구지방법원 김천지원 2014.04.30 2014고단185
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 was living together with the victim B (V, 45 years old) and the police officer on January 2013.

1. Damage to property;

A. On March 2013, 2013, the Defendant: (a) 21:00 on the floor of the victim B, she saw that the victim would have the wind at the residence of the victim B in Gumi-si; (b) she saw it as “Chewing and in accordance with the same manner,” and laid 5 chemical parts of the market value equivalent to KRW 40,000, which was owned by the victim, on the floor, and destroyed it.

B. At around 22:00 on December 11, 2013, the Defendant: (a) exceeded, and destroyed, the victim’s lapsed, while doubtful the victim’s external rating at the victim’s residence; (b) was able to identify the market price; (c) was laid down on the floor; and (d) was broken down.

2. On September 20, 2013, the injured Defendant: (a) discovered the victim’s wind at the victim’s residence located in Gumi-si, Gumi-si; (b) saw the victim’s breath by hand; and (c) boomed the victim’s breath with the hand floor on about two occasions; and (d) put the victim’s breath, which requires approximately two weeks of treatment.

3. On December 11, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) threatened the victim with the victim’s fright at his/her residence located in Guro-si, the Defendant: (a) was suspected of having frighten by the victim; (b) made twice the victim’s fright in his/her hand; (c) made the kitchen, which was a deadly weapon in the kitchen, and made the kitchen, and threatened the victim with the victim’s knife, with the victim’s knife in his/her hand; and (d) threatened the victim with the victim’s knife by stating, “a kniff in the knife in the knife, fl

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 283(1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Article 257(1) of the Criminal Act (the occupation of injury and choice of imprisonment), Article 366 of the Criminal Act (the occupation of injury and the destruction of property).

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