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(영문) 춘천지방법원 원주지원 2014.03.25 2013고단596

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 11:00 on August 23, 2013, the Defendant: (a) before the seat “DPC bank” located in Won-si, Seoul, the Victim E (E, South and 22 years old) stolen the wall from the toilet and requested the Defendant to peruse personal effects; (b) he cut the knife knife (blade length: 9.5cm, total length: 22cm) which is a dangerous object that was put in the Defendant’s left side on the part of the Defendant, and made a threat of the Victim’s chest with the Defendant’s chest as the Defendant knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to deadly weapons and field photographs;

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 punishment: Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that his/her mistake is repented through the life of detention for not less than one month, the fact that there is no particular criminal power in addition to the one-time previous conviction of a fine, and the family environment of the accused, etc.);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;