(영문) 서울중앙지방법원 2015.03.13 2015고단390

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(영문) 서울중앙지방법원 2015.03.13 2015고단390

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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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 became final and conclusive.

Reasons

Punishment of the crime

"2015 Highest 390"

1. At around 11:00 on January 15, 2015, the Defendant visited the victim D (Inn, 26 years of age) in relation with the Defendant in Gangnam-gu Seoul, Seoul, to drink together with other women, the Defendant visited the same drinking house on the preceding day before the Defendant and called “the knife (20cm length of the knife)” on the part of the victim with the victim’s knife, knife with the victim’s head at several times with his hand, and with the knife (20cm length of the knife) that was in relation to the Defendant.

Accordingly, the defendant, carrying a deadly weapon, assaults the victim.

"2015 Highest 650"

2. At around 11:00 on January 15, 2015, the Defendant: (a) was arrested on a flagrant offender under suspicion that he/she carried a knife at the home of the victim D (n, 36 years of age) located in Gangnam-gu Seoul Metropolitan Government C, and was committed to the police; and (b) was released; (c) on the same day, the Defendant returned to find the residence of the said victim at around 15:30 on the same day.

In addition, the Defendant told that the victim was able to receive clothes from the victim in the above residence, and the victim took the clothes of the Defendant from the front door on the side of the entrance, but the Defendant pushed the door, took the Defendant into the above residence, and expressed her desire to the victim, and threatened the victim “I am knife the knife of this knife, knife the police station again, knife the knife, and knife the knife., knife the knife of the victim in the above residence.”

Accordingly, the defendant invadedd the victim's residence, thereby impairing the peace of the victim's residence.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. Police seizure records;

1. On-site photographs;

1. A detailed statement of 112 report (fact-finding 2 on the market);

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;