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(영문) 서울중앙지방법원 2013.07.25 2013고단2761

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 01:00 on March 9, 2013, the Defendant, in front of the Defendant’s house entrance of the second floor of multi-household house in Seongbuk-gu Seoul, had been found in order to resisting the Defendant’s continuous opening of drinking walls, and expressed the same attitude that the Defendant would inflict any injury on the victim’s body by using the kitchen knife (total length of 29cm, 17cm, No. 1) that is a dangerous object (total length of 29cm, knife length of 17cm, No. 1) in his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 284 of the Criminal Act applicable to the crimes;

1. Selection of a fine for selective punishment (including the fact that the defendant has committed a mistake by a university student of the primary offender, the fact that the defendant has agreed with the victim smoothly, and the circumstances leading to the crime in this case);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 48(1) of the Confiscation Criminal Act, the Defendant and his defense counsel asserted that, at the time of the instant case, the Defendant had a kitchen with the kitchen knife, regardless of the criminal act, it cannot be deemed that he carried dangerous things. However, according to the records, the Defendant used the kitchen knife at the time of the instant case, and knife the victim with his knife, and knife his knife with the knife, and knife his knife with the knife. In order to protect the victim, the Defendant’s left hand in the future, and the sound is to be reported to the female knife who was next to the instant case, even if the Defendant did not have the kitchen knife in order to protect the victim from the beginning, the Defendant was dead in the process of the instant kitchen, and then the victim knife with the kitchen knife.