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(영문) 인천지방법원 2014.05.13 2014고단33

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than eight 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 13:15 on December 1, 2013, the Defendant demanded the victim D (the 44 years of age) and drinking alcohol several times from the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon, to leave the Defendant’s house, but the victim refused to do so, and threatened the victim with the knife knife, which is a deadly weapon, on the part of the victim (the 10cm, the 6cm of the knife), with a knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

Accordingly, the defendant threatened the victim by using a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Photographs of the criminal tool;

1. Application of the Acts and subordinate statutes for 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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. The range of recommending punishment according to the sentencing guidelines (the scope of recommending punishment) and the scope of recommending punishment (the scope of recommending punishment) and the scope of mitigated punishment, four months to one year (the scope of recommending punishment according to the minimum sentencing guidelines) and six months to one year; and

2. It shall be decided as ordered within the scope of recommendation of the sentencing criteria, in consideration of the fact that the accused for the decision of sentencing recognizes and reflects his mistake, reaches an agreement with the victim, and is an contingent crime other than the planned crime; and