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(영문) 인천지방법원 2014.09.04 2014고단4799

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than eight 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 09:10 on March 29, 2014, the Defendant threatened the victim with the following reasons: (a) on the ground that the victim C (which is 37 years of age) was not able to boomed boomed, the Defendant: (b) a kitchen, which is a dangerous thing in the kitchen, with a kitchen 20cm (total length of 20cm) and a kitchen knife the victim with a kitchen knife with a single hand; and (c) a kitchen knife with a kitchen knife in the vicinity of the victim’s knife and knife in the vicinity of the victim’s knife; and (d) the Defendant threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as ordered in consideration of the following various sentencing conditions as shown in the records and arguments of the instant case, including the following: (a) the mitigated area of the crime of assault (Habitual, Habitual, and Special Violence) [Special Mitigation] [Article 62(1) of the Criminal Act (Article 62(1) of the mitigated area (Article 6 of the Punishment Act / [Article 62(1) of the Punishment Act / [Article 62(1) of the Punishment Act / [Article 62(1) of the Punishment Act / [Article 62(1) of the Punishment Act (Article 6 of the Punishment Act / [Article 62(1) of the Punishment Act / [Article 6 of the Punishment Act