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(영문) 서울남부지방법원 2013.10.02 2013고단1678

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 the victim C (the age of 41) and the labor day, and is between the defendant and his knowledge.

1. On March 25, 2012, around 21:50 on March 25, 2012, the Defendant, while drinking alcohol together with the victim, suffered bodily injury during the period of treatment for which detailed treatment period cannot be identified, for the following reasons: (a) the victim’s face was taken several times due to drinking on the ground that the victim was under the influence of alcohol, and (b) the victim was breadingly and huming the Defendant.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) and the victim, in the same time and at the same place, threatened the victim by taking the kitchen knife (17cm in the knife length, 29cm in the total length) which is a dangerous thing in the kitchen, in his/her hand, on the ground that the victim continues to take a bath against the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes concerning the victim's bodily injury photographs and criminal implements;

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, and Article 283 (1) of the Criminal Act concerning the crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the defendant reflects his/her misunderstanding and that he/she agreed with the victim smoothly);

1. Article 62 (1) of the Criminal Act on the suspended execution (Considering the reasons for discretionary mitigation and the fact that there is no record of punishment of imprisonment without prison labor or more than a majority or imprisonment without prison labor);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;