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(영문) 수원지방법원 안양지원 2015.06.04 2015고단184

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 05:00 on January 24, 2015, the Defendant: (a) had one kitchen knife (28cm in total length, approximately 18cm in knife length) and one kitchen knife (26cm in total length, approximately 16cm in knife length) which are dangerous things in the kitchen, and threatened the victim by carrying a dangerous object, while the Defendant had a knife and one kitchen knife (18cm in knife in knife in knife, about 16cm in knife) which is life in knife in knife B B. 102 at his own dwelling in Ansan-gu B. 102.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by a victim's telephone);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)