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(영문) 서울북부지방법원 2015.05.07 2015고단881
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is in a de facto marital relationship with the victim C from November 2006.

1. Around 00:30 on March 10, 2015, the Defendant assaulted the victim, such as drinking alcohol, drinking alcohol, drinking alcohol, and drinking alcohol at his residence in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, but talking with the victim that he would be difficult to get out of the victim and going out of the victim, taking the victim’s body by gathering the victim’s head, taking the victim’s body by cutting off the victim’s head, taking the victim’s body, and towing the victim to the end.

2. The Defendant violated the Punishment of Violence, etc. Act (collective intimidation) cited the kitchen knife, which is a thing dangerous to the kitchen (the total length of 34 centimeters, the date 21 centimeters, the knife 13 centimeters, the length of knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as crime tools and photographs;

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 283 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., extenuating circumstances favorable to the defendant in light of the reason for the punishment);

1. Article 62 (1) of the Criminal Act (The consideration of the circumstances favorable to the defendant in light of the reason for the suspended sentence);

1. Probation and community service order;

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