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(영문) 수원지방법원 2015.08.20 2015고단2552

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six 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 22:07 on May 10, 2015, the Defendant used two knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife 27cm in total length, 20cm in total length, 30cm in length knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knife knif knif

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (report on verification of seized articles);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 48 (1) 1 of the Confiscation Criminal Act asserted that the defendant's act in possession of two knife knife and found the above 301 constitutes self-defense as an act to protect the defendant's body as stated in the judgment. However, considering all the above evidence, it does not seem that there was a current unfair infringement on the defendant's legal interest at the time of the ruling, and therefore, the above assertion is rejected as it cannot be viewed as self

The reason for sentencing [the scope of recommendations] the crime of intimidation.