logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2015.06.05 2015고단742
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) committed an act in order to complete the act by hiding the victim E (the age of 45) who was engaged in the same with D, the Defendant’s spouse, at the office of “C,” located in the office of “C, 21:00, Seocheon-si, Seocheon-si, Seoul Special Metropolitan City B building 302, by hiding the Defendant’s spouse, during the company’s participation in the company’s day, and hiding the knife’s swords (the total length of 65cm, 45cm in knife length) and exposing the above swords on the victim’s face.

Accordingly, the defendant threatened the victim with a deadly weapon.

2. When intending to possess swords in violation of the Control of Firearms, Swords, Explosives, etc. Act, permission from the chief of the police station having jurisdiction over the domicile shall be obtained, as prescribed by relevant statutes;

Nevertheless, the Defendant did not obtain the above permission from June 29, 2002 to December 19, 2014, and carried the knive knife swords (65cm in total length, 45cm in knife length) at the Defendant’s domicile, etc., located in Busan-si F and 1704.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes concerning photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, Article 71 subparagraph 1 and Article 12 (1) of the Control of Firearms, Swords, Explosives, Etc. Act (the occupation of holding an unauthorized knives and the choice of imprisonment);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 of the Criminal Act:

arrow