beta
(영문) 서울북부지방법원 2015.07.21 2013고단2133

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six months.

Seized knife No. 1 (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 2013. 8. 10. 16:45경 서울 노원구 C에 있는 D교회에서, 피해자 E(남, 51세)으로부터 F가 사용하던 피해자의 통장을 돌려달라는 말을 듣자 갑자기 피해자에게 달려들어 양손으로 피해자의 목을 조르고, 소지하고 있던 흉기인 다용도 칼(총길이 15cm)을 손에 들고 “죽여버리겠다”며 피해자의 목을 향해 찌를 듯이 들이댔다.

Accordingly, the Defendant, while carrying a deadly weapon, threatened the victim.

2. On August 10, 2013, the Defendant destroyed the property damage: (a) around 21:10, at the D D D D D D D D D D D D D D D D D D D D D D D D D D D D D, found drunk and obcing the entrance and exit administered by the victim G, who was a pastor, without any justifiable reason, by drinking it; and (b) 1 head of the glass window and one chemical part, where the market price can not be known by destroying it on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutorial statement concerning E and G;

1. Police seizure records;

1. Seized objects and photographs;

1. Application of Acts and subordinate statutes to shooting a studio of a shoulder and a studio of a shoulder;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 366 of the Criminal Act for the crime;

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

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

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. The sentencing criteria for the crime from July 1, 2015 were in place in July 1, 2015, and the sentencing criteria become effective after the mitigation area (4 to 1 year), mitigation area (4 to 1 year), the reduction area (including special mitigation), the reduction area (including serious efforts to recover damage) or considerable partial recovery from damage, and the sentencing criteria for the crime from destruction and damage (damage) were effective since July 1, 2015.