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(영문) 인천지방법원 2015.09.10 2015고단4475
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 16, 2015, the Defendant was a foreigner of the Myanmar nationality, and was returning to the house of Bupyeong-gu Incheon, Incheon, his own residence at around 00:37, and was fluencing from the opening of the dog 401, on the ground that the dog gate 401, which is a dangerous object between the two and the three floors, was fluencing a steel rail of stairs with a knife (20cm a knife length) and flucing the wall, and flucing the sound, she was fruced by the victim D (ma, 46 years old) and mad, mad, and Mak-man, and the victim was knif the victim knifed from the above knife to the knife of the above knife with the knife of the above knif in order to avoid the Defendant.

Accordingly, the defendant carried dangerous objects and expressed the same attitude to inflict any harm on the life or body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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 (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. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Determination of Punishment] 4 types of intimidation (Habitual, Cumulative, Special Intimidation) (Special Intimidation): In a case where the degree of intimidation is minor, the commissioner [decision of the recommended area] special mitigation area (decision of suspension of execution of imprisonment between two and one year] - In a case where the positive attitude of crime is minor, the commissioner of the punishment [decision of the sentence] 6 months of imprisonment and suspension of execution two years of suspension of execution.

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