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(영문) 수원지방법원 2014.08.13 2014고단1634

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six 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

On January 28, 2014, at around 23:20, the Defendant sought to send the victim’s words “A” to the Defendant’s wife and women’s friend at the residence of the Defendant, who is the Defendant’s firs in the Gyeonggi-si, Mansan-si (35 years of age, women’s firs), and tried to find out the Defendant’s knife, which is a lethal weapon ( approximately 23 cm in total length, about 10 cm in knife length).

The Defendant: (a) threatened the victim’s chest knife with knife, knife knife knife knife knife knife knife knife knife knife knife knife knife knife that knife knife knife knife that knife knife knife knife that knife knife knife knife that knife knife knife in the victim’s chest; and (b) threatened the victim’s knife that knife knife knife that knife knife knife knife.).

In this respect, the Defendant, carrying with himself knife and kitchen knife, who is a lethal weapon, assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the error of self-defense is pened, the fact that an agreement is made with the victim, and the fact that there is no special criminal record in addition to the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;