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(영문) 춘천지방법원 속초지원 2013.11.27 2013고단355
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

At around 17:30 on May 21, 2013, the Defendant: (a) moved to the ward where the victim took care of the victim at the time of telephone conversations between the Defendant and the victim C (the 54-year age), who is the Defendant’s wife, and (b) moved to the ward where the victim took care of the dangerous articles in the house and warehouse (43 cm in total length). On the other hand, the Defendant continued to collect one knife a knife (20 cm in blade length) and one knife (21 cm in knife length), which was a deadly weapon in the main knife in order of one knife (21 cm in knife).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seized articles;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant acknowledges and reflects the crime, the fact that the defendant agreed smoothly with the victim, and the fact that the defendant has no criminal record of the same kind or suspended execution or more);

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

1. Probation under Article 62-2 of the Criminal Act;

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