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(영문) 인천지방법원 2014.04.29 2014고단742
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 07:30 on December 27, 2013, the Defendant expressed the victim’s desire to “D” convenience points operated by the victim C (Inn, 49 years of age) in the first floor of the Bupyeong-gu Incheon Bupyeong-gu B building without any reason.

Therefore, the victim's defect is the defendant, and the defendant adopted a multi-use knife (one knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to CCTV data photographs;

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The sentencing investigation report and the date of trial on the grounds of sentencing under Article 48(1)1 of the Criminal Act shall be decided as ordered within the scope of recommendation of sentencing guidelines.

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