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(영문) 인천지방법원 부천지원 2013.08.22 2013고단2333
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 23:00 on June 25, 2013, the Defendant threatened the victim D's house located in Kimpo, with the attitude of the victim D living in neighboring areas, and the victim D was prevented from putting him in a usual manner. The Defendant saw the knife knife, which is a deadly weapon (15cm in length, 30cm in total length) and put the victim's house up a door, and threatened the victim "D this knife, a knife, and a knife with a knife in this knife."

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant repents the errors, that the defendant does not want the punishment of the defendant by mutual consent with the victim, and that the defendant does not have the same criminal record before and after a fine is imposed once, etc.);

1. Article 62 (1) of the Criminal Act (the same as entry of reasons for discretionary mitigation);

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