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(영문) 의정부지방법원 2014.08.18 2014고단1921
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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 thought that the victim neglected the operation of the beauty art room with another male and female, and that he did not prepare money to live in his house. The defendant was dissatisfied with the victim.

1. On January 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc., threat to the existence of a deadly weapon) on the following occasions: (i) on January 22, 2014, the Defendant has a knife, which is a dangerous object at the home of the Defendant located in Gyeonggi Dobcheon-si, Dobcheon-si, Dobol-si, and (ii) on the victim, who is in existence, with the knife,

b) the money set up is money set up, and the money set up is now to this extent.

“In doing so, the Defendant, on June 5, 2014, threatened the victim with a knife as if the victim did not act in his mind or did not receive money to himself. On June 5, 2014, the Defendant, on June 18, 2014, threatened the victim with a knife at the same place “at the age of knife and so made.”

"In doing so, the victim's scam, the right bucks 20 times, the victim's head spacks, and the victim's head spacks the victim's head, and the victim's spacks the victim's head spacks on the part of the victim's hand.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Dupture photographs of an injury;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs, such as the part of injury of a victim);

1. Article 3 (1) and Article 2 (1) 2 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 2 of the Criminal Act, Article 283 (2) and (1) of the Criminal Act, Article 257 (2) and (1) of the Criminal Act concerning the crime (the point of injury to a lineal ascendant and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;

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