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(영문) 부산지방법원 2016.01.20 2015고단3968
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

On April 19, 2015, the Defendant, while drinking alcohol in his/her residence in Gangseo-gu Busan Metropolitan Government C on April 13:10, 2015, is living equally with the above victim's life.

"The knife is knife, which is a dangerous object in the brue because of the fact that the knife, is 20 cm in length, 12 cm in length, the knife in the body of the victim, and the knife."

“In the end, threat was made.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of excessive photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, despite the fact that the defendant was punished as a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) due to the crime committed by the victim D, who is a punishment, in a knife, thereby threatening the victim with a knife, which is an object dangerous to the victim for the foregoing reason, and the nature of such crime is not weak.

However, the punishment is determined as ordered in consideration of all the circumstances, including the fact that the defendant is against the defendant, the fact that the victim does not want the punishment of the defendant, and the age, mental health, sexual conduct, environment, motive and circumstance of the crime, and the circumstances after the crime.

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