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(영문) 인천지방법원 2013.10.30 2013고단5282
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 23:10 on August 6, 2013, the Defendant, at the house of the Defendant in Bupyeong-gu Incheon, Bupyeong-gu B building 306 or C, threatened the victim with the Defendant, on the ground that the victim D was in his own wife, but he prevented the victim C from doing so, and as the Defendant did assault C’s arms, such as knife, knife, and knife, which is a deadly weapon inside the house (total length of 30 cm, 18 cm in its knife length), and expressed that “the knife knife knife, knife knife knife knife knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of seizure records and photographs of seized articles to the 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the defendant repents wrong facts and that the victim does not want the punishment by mutual consent with the victim);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the grounds for sentencing);

1. Article 48 (1) of the Criminal Act of confiscation;

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