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(영문) 인천지방법원 2013.11.26 2013고단6081
폭력행위등처벌에관한법률위반(우범자)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant violated the Punishment of Violences, etc. Act (a person suspected of committing a crime) is a person who was living together with the victim C (nivers, 48 years of age) and six months. The Defendant’s mother located in Dong-gu Incheon Metropolitan City D around September 18, 2013 is punished for a limited time with each other due to a minor problem while making telephone conversations with the victim.

As the telephone was cut off, it was divided into net complaints accumulated from the past to the male problem, etc.

Therefore, at around 21:00 on the same day, the Defendant was in front of the said victim’s house in Gyeyang-gu Incheon E Apartment 203 201, and the Defendant was in front of the said victim’s interview with the said victim without going through a speech, with the mind that he would threaten the said victim, the Defendant carried a kitchen with a lethally weapon, one kitchen (18cc a day, 30cc a total length), which is a dangerous weapon. Accordingly, the Defendant carried a knife, which is a deadly weapon, that is a dangerous weapon, that may be used for the crime without justifiable grounds. 2. On September 17, 2013, the Defendant: (a) around 602 of the Seoul East-gu Incheon Metropolitan City Building No. 602, and the victim C (the victim was at 48 years of age and at the same time) on the ground that the said victim was not exposed to the telephone, and the Defendant assaulted twice the victim’s left side of the said victim by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Records of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to a summary of criminal place, victim C and telephone conversations (a summary of suspect's statements and verification of authenticity);

1. Relevant Article of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 7 of the Punishment of Violences, etc. (Carrying of Deadly Weapons that are likely to be commonly used for crimes), Article 260 (1) of the Criminal Act, and selection of imprisonment with prison labor;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a person is detained in prison for a reasonable period and is against the crime, the first crime, the relationship with the victim, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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