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(영문) 인천지방법원 2013.05.16 2012고단7416

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for one year.

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

On June 12, 2012, around 15:10 on June 15, 2012, the Defendant sent a bath to the victim E (the age of 47) (the age of 47) who is a staff member of water purifier business entity cleaning water purifiers, who was taking care of water purifiers in the Dong-gu Incheon Metropolitan City, and went to the customer to do so.

After that, the Defendant saw a knife (32 cm in total length, 21 cm in knife length) in a place where the Defendant was able to hear the victim’s speech that he did not take a bath, and threatened the victim’s knife with the victim’s knife.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the list of seizure and photographs 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order lies in the crime of intimidation of the victim in a knife who is a dangerous object.

However, the punishment as ordered shall be determined in consideration of all the circumstances that are conditions for sentencing, such as the fact that the defendant is against himself, contingent crimes, and the age, character and conduct, environment, and circumstances after the crime.