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(영문) 대구지방법원 김천지원 2014.03.12 2013고단1651
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

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

1. Around September 26, 2013, the Defendant heard the phrase “prisoning to drink” from the victim C (or 40 years of age) in de facto marital relationship with the Defendant while drinking alcohol at the Defendant’s house located in B B 103 Dong 605 Dong-si on September 26, 2013 (collective, deadly weapons, etc.) of the Act on the Punishment of Violence, etc. (collective, etc.). B, “poning to drink it, she would make it possible for him to drink it,” “poning to don it, she would make it impossible for him/her to drink it,” “honing to hon it, she would turn off to the floor, which is dangerous things in the kitchen and back to the floor, which are dangerous things in the kitchen.”

After all, the Defendant carried dangerous objects and threatened the victim.

2. Around September 26, 2013, the Defendant assaulted the Defendant at the place under Paragraph 1, at around 22:30 on September 26, 2013, at the time of the victim’s statement that “I see well sees the Defendant’s mother’s her mother’s son,” and “I see a man’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s sons

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to 1 investigation report (abundance of photographs) to the police statement of C;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles), and Article 260 (1) of the Criminal Act (the point of violence 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of type] - Offenses of Violation of the Punishment of Violences, etc. Act (collective, deadly Weapons, etc.): Habitual, repeated, special intimidation - Crimes of assault: General assault [the scope of decision in the area of recommendation and recommendation].

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