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(영문) 대전지방법원 천안지원 2013.03.08 2012고단1745
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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

1. The Defendant, around 18:00 on August 18, 2012, in Thai-gun, Thai-gun, Thai-gun, Thai-gun, for the dispute between the arbitra victim C (the son, the 53 years old), and his parents as an industrial accident.

Si expenses have become Si expenses.

The Defendant, by hand, dumped the victim’s breath, and dumped the victim’s chest, and dumped the victim’s chest, and dumped the victim’s bump, left fump, etc., and dump 6, which requires approximately three weeks of treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) continues to exist with the victim at the time, place, and in a dispute with the victim.

The victim said that the kitchen knife, which is a dangerous thing that had been living in the kitchen by the victim, knife the kitchen knife with the victim’s hand, and that “if the victim knows that she was not guilty, she will die.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A medical certificate of injury and a medical certificate;

1. Application of the Acts and subordinate statutes governing body photographs;

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the same Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 of the Criminal Act concerning the crime;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of crimes concerning the violation of the Punishment of Violences, etc. which is heavier than the punishment, and the crimes concerning the crimes

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that not only the content of the crime, but also the means and method are very inappropriate, and that is not agreed with the victim, etc., but also the defendant is against the law, and the defendant is punished in addition to the fine.

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