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(영문) 수원지방법원 2014.03.26 2013고단4579

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

1. Around 08:30 on May 13, 2013, the Defendant threatened a victim B (year 31) who is the shape of the Defendant in the Madembi Ma 1-101 on the ground that the Defendant brought the victim’s invasion to her friendship house, etc., and the Defendant brought about the victim’s invasion, and threatened the victim with a knife (the total length of 28cm, 17cm in the knife length) that is a dangerous object that the victim had prepared for a dumhu hub hub hus in advance.

2. Defendant B threatened, at the above date, at the above time and place, the victim A (the age of 30) with a dangerous object being kept in his house (23 cm in total length, 11 cm in blade) and threatened the victim as a hazardous object.

Summary of Evidence

1. Legal statement of witness F;

1. Statement of the police statement concerning F;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act

1. Discretionary mitigation Defendants: Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act provides that the Defendants do not want the punishment of the other party;

1. Defendants on a suspended sentence: Article 62 (1) of the Criminal Act ( repeatedly considered for the reasons);

1. Defendants: Article 48(1)1 of the Criminal Act