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(영문) 창원지방법원 통영지원 2013.07.04 2013고단396

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

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

The seized one knife (No. 1) and one excessive (No. 2) shall be confiscated, respectively.

Reasons

Punishment of the crime

1. On May 26, 2013, the Defendant: around 22:47, on the ground that the victim C (the age of 17), the victim F (the age of 18), and the victim G (the age of 17) committed the crime against the victim C, etc. committed the crime of the victim C, etc., around the E convenience point located in Gyeongnam-gun D, for the following reasons: (a) the victim c (the age of 17), the victim F (the age of 18), and the victim G (the age of 17) committed the Defendant: (b) the knife the ground floor of the dangerous object (the total length of 30cc, the knife length of 18cc) and the excessive (12.5cm in the

The defendant saw the victims' threat, and acted as if the victims were to keep a distance equivalent to 300 meters away from the victim's 300 meters away from the victim's knife and knife.

Accordingly, the defendant carried dangerous objects and threatened victims, respectively.

2. On May 26, 2013, at around 22:53, the Defendant committed the crime against the victim H, the Defendant used a food blade (30 cm in total length, 18 cm in blade) and a transition (23 cm in total length, 12.5 cm in knife length) (23 cm in total length, 12.5 cm in knife) as a dangerous object, to both knife and knife the victim H (28 years in knife) and knife knife knife.

Then, the defendant applied the body to the victim and acted as if he would inflict any harm on the body.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, H and J;

1. A written statement of C and F;

1. Application of Acts and subordinate statutes on police seizure records;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. According to the sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Act, according to the sentencing guidelines, the defendant is recommended from 8 to 3 months for each crime under Article 1 of the same Act.