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(영문) 서울중앙지방법원 2012.11.14 2011고단6635

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than eight months.

One (No. 1) of the excessive knife (24 cm in total length) seized from the defendant.

Reasons

Punishment of the crime

On October 26, 2011, at around 01:40 on October 26, 201, the Defendant, at the nearby park play area of the Defendant located in Gwanak-gu in Seoul Special Metropolitan City, brought a dispute with the victim D (ma, 24 years of age), and the victim E (n, 24 years of age), and brought the victims into the Republic of Korea, resulting in a heavy danger at the Defendant’s home (total 24 cm, 12 cm in length on the blade, 12 cm in the knives, dives No. 1) and brought the victim E, with the victim’s body, etc. attached to this, and the victim D referred to as “I e, e, e.g., e., e., e., e., e., e., e., e., death.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Recording records;

1. On-site guidance;

1. Application of excessive photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the following reasons):

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code was also sentenced to a multiple fines in relation to violence, and recommitting the accused, the victims and the police dispatched with excessive knife at the time of vision with the victim, was suspended by the police, and the victims did not agree with the victims, and they did not appear to have an effort to reach an agreement or seriously reflect.

In the above circumstances, in consideration of the fact that the defendant's punishment is likely to do its best to treat alcohol addiction and prevent recidivism in addition to the defendant's punishment, and that there is no criminal conviction above the suspended sentence, the sentence like the order shall be sentenced.