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(영문) 전주지방법원 2013.07.09 2013고단1345

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around 01:40 on April 2, 2013, the Defendant: (a) threatened the victim D (the victim, 35 years of age) who is the wife at the Defendant’s house living room located in Seojin-gu Seoul Metropolitan City, 309 dong 505 (the Defendant) with a lethal weapon (the total length of 31cc, 19cc) at the kitchen and the victim with a dangerous weapon at the kitchen, and then threatened the victim with the victim “sick”; (b) threatened the victim with a lethal weapon at the kitchen, and then put the victim into the front of the kitchen, with a lethal weapon at the same time, 31cm in length (the total length of 31cc, the blade length of 20cc) and the Defendant towards the Defendant’s house, and then put the victim into the kitchen and the victim at the same time with a dangerous weapon of 10cm in length and 20cm in the kitchen, which the victim had been under the influence of the victim, and then placed the victim again from the kitchen and the victim.

Accordingly, the defendant threatened the victim with a deadly weapon or dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Six months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (hereinafter referred to as "the sentencing grounds"), which states that the defendant knife the defendant's attitude of threatening the victim, should be criticized. However, the fact that the defendant led to the confession of the crime and reflects his mistake in depth, that the victim, who was the wife, neglected the remainder of the family that was in E church, has done so by drinking together with the victim, and that there are circumstances to consider the defendant as having committed any contingent crime.