beta
(영문) 의정부지방법원 고양지원 2013.05.10 2013고단473

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

At around 22:00 on January 26, 2013, the Defendant: (a) placed a knife, which is a deadly weapon (21cc in the knife length) in the bank, to be unilaterally notified by the victim D (the knife) of the victim D (the knife, the 18 years old) of the 102-dong and the 601-dong and the 18 years old), which was known through the Internet game; and (b) found the victim’s house at the victim’s house, continued to talk with the victim; (c) but the victim refused, and (d) threatened the victim by stating, “the knife has knife has been killed”.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on police seizure records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (general circumstances, such as the fact that the defendant repents the wrong fact, the fact that the defendant has agreed with the victim, and the initial fact that the defendant is a criminal);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;