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(영문) 대구지방법원 상주지원 2013.11.19 2013고단318
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant reported a divorce with the victim C (n, 39 years of age) before about two years, but actually lives together with the victim D (n, 44 years of age). The victim D (n, 44 years of age) is a worker of C.

1. On April 3, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) found the said office on the grounds that the victim D was doubtful of the relationship between the two offices in the middle of the F Company in the Ma-si around 17:55, on the ground that the victim D was aware of the relationship between C and C. Around the same day, the victim was able to look at flick, and the Defendant was threatened by the victim by taking out a dangerous object in the middle of the Defendant’s vehicle bitle, which is a dangerous object.

2. In the above time, at the above place, the Defendant was able to remove the head of the Victim C from the upper floor by putting the head of the Victim C, and walking the face of the Victim C several times by walking the face, etc. of the Victim C, making the Victim C's face unfolded by drinking, and continued to meet the victim D's face and face by hand.

As a result, the Defendant inflicted injury on the victim C, such as the bonesing of the bones of the left-hand eye, cocoke, etc., through which it is impossible to identify the number of days of treatment, and inflicted injury on the victim D such as d's salt, tension, etc. for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Article 62 (1) of the Criminal Act (i.e., the fact that a victim C has agreed with the victim in entirety, and the degree of damage is grave even after the case, that he/she continues to live with the defendant and wants to keep the defendant in custody);

1. Probation;

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