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(영문) 인천지방법원 부천지원 2015.05.15 2015고단689

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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

On November 16, 2014, the Defendant, at around 19:30 on Kimpo-si B and the second floor of Kimpo-si on November 16, 201, declared that the victim D (the age of 25) would cease to exist, and subsequently, he was able to take a deadly weapon (the knive length of the knife 11cm) that he was on the top of the vessel, and she was able to get the victim to leave.

Accordingly, the defendant carried a deadly weapon or other dangerous object and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of related Acts and subordinate statutes to photographs;

1. Articles 3 (1) and 2 (1) and (1) of the Punishment of Violences, etc. Act on the Punishment of Criminal Crimes, Article 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances leading to the instant crime, degree of damage suffered by the victim, and reflective points);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;