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(영문) 전주지방법원 2015.08.07 2015고단710
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2015, the Defendant was living in the next house of the victim C (the age of 34) in Jeonju-si, Jeonju-si. Around 00:10 on April 4, 2015, the Defendant was under the influence of alcohol and brought about a horse dispute with the victim, but he was living in the house of the Defendant, while taking a kitchen, which is a deadly weapon in the Defendant’s house (17.5cm, knife, 11.5cm) and knife the entrance of the victim, leaving the house door of the victim, knife the victim’s knife, and knife the victim’s knife by opening the door into the house of the principal.

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [Scope of Recommendation] Where the mitigation area (4 to 1 year), mitigation area (4 to 1 year), exemption from punishment (including serious efforts to recover damage) or considerable damage has been restored (8 months of imprisonment with prison labor, suspension of execution for 2 years: Agreement with the victim; details of the instant crime, circumstances before and after the instant crime, etc. are taken into account;

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