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(영문) 대전지방법원 서산지원 2014.04.25 2014고단108
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 20:30 on November 26, 2013, the Defendant rejected the Defendant’s request from the “D” house operated by the Victim C (A, B, who is 49 years of age) in Seocho-si B, under the influence of alcohol to enter the knife, and knife the knife, the Defendant collected the knife, which is a dangerous thing in the knife, and told the victim that “if she wishes to be killed, she will die from the knife, if she is inside the knife, and if she is inside the knife, she will die from the knife.” In other words, the Defendant threatened the victim by using the kitchen knife, which is a dangerous thing in the kitchen.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Application of statutes, such as site photographs;

1. Article 3 (1), Article 2 (1) 1, and Article 283 (1) of the Act on the Punishment of Violences, etc. of Specific Crimes and the Selection of Punishment of Violences, etc.;

1. Although the Defendant’s method of committing a crime is very dangerous for the reason of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows), the Defendant’s mistake is against his/her depth, the Defendant agreed smoothly with the victim, the Defendant’s favorable circumstances should be taken into account in favor of the Defendant that there was no violent criminal record since August 197, and the Defendant’s age, occupation, and family relationship should be determined by taking into account various conditions of sentencing indicated in the records of this case, including the Defendant’s age, occupation, and family relationship, and the enforcement

It is so decided as per Disposition for the above reasons.

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