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(영문) 인천지방법원 2013.04.18 2013고단574
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Injury;

A. At around 01:00 on March 8, 2012, the Defendant left the house of the Defendant, which was located in Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu, 103 Dong 712, and left the house, thereby making it difficult for the Defendant to identify the number of days of treatment.

B. At around 16:00 on January 3, 2013, the Defendant suspected that the victim was winded at the same place, and caused on drinking the victim’s left arms and knives, so that it is difficult to identify the number of days of treatment to the victim.

2. The defendant is in violation of the Punishment of Violences, etc. Act (a collective threat, deadly weapons, etc.) and Article 1-b at the same place around 22:40 on January 4, 2013;

For the reason that the victim of the assault as mentioned in the same paragraph intends to cover the body of the victim, the victim threatened the victim with a knife knife (20cc in knife length, 32cc in knife) that is a dangerous object that was in the front of the victim's body, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of the Acts and subordinate statutes to kniff photographs and photographs of damaged parts of the victim;

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 283 (1) of the Criminal Act, Article 257 (1) of the Criminal Act concerning the punishment of a deadly weapon, Article 257 (1) of the Criminal Act (the point of injury 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that it is a contingent crime committed under the influence of alcohol, the fact that it is not serious damage, the victim does not want the punishment of the defendant under an agreement with the victim, the fact that the defendant is living in depth, and the fact that the defendant has no criminal record of imprisonment);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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