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(영문) 울산지방법원 2014.07.17 2014고단442
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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

On March 10, 2007, the defendant is under the period of divorce with the victim C on March 10, 2007.

At around 22:00 on January 7, 2014, the Defendant, at the Defendant’s house located in Ulsan-gu, Ulsan-gu, 2014, brought a dispute about the raising of the victim and his/her children as a matter of money with raising the victim and his/her monetary issue, and putting him/her at his/her hand with the wooden spoke (25cm in length) of a dangerous object that he/she was in the spoke, and frighted up the victim’s spoke, and throw away all the spos of the spos of the victim, and threatened the victim as if he/she would inflict any bodily harm on the victim.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing the salted sled photographs and field photographs used in committing the crime;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

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

1. The Defendant and the defense counsel on the assertion of the Defendant and the defense counsel under Article 62(1) of the Act on the Suspension of Execution of the Punishment of Violence, Etc. asserted that the spodable fish spokes (hereinafter “the instant wooden fish spokes”) that the Defendant saw at the time of the instant crime did not constitute “hazardous things” under Article 3(

Whether a certain thing constitutes “hazardous thing” under Article 3(1) of the Punishment of Violences, etc. Act ought to be determined depending on whether the other party or a third party could feel a danger to life or body when using the thing in light of social norms.

(See Supreme Court Decision 2002Do5783 Decided January 24, 2003, etc.). According to the evidence duly examined and adopted by this court, the Defendant’s salted fish price in this case, which the Defendant used in his hand, has reached 25 cm in length, and is used in Hari, so it is solid, unlike the disposable fish, and the Defendant has a long length.

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