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(영문) 울산지방법원 2015.04.23 2014고단3648
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. On October 15, 2014, at around 20:05, the Defendant threatened the victim, who was under the influence of alcohol at the E Innctorter operated by the victim D (Woo, 69 years of age) in Ulsan-gu, Ulsan-gu, Seoul, with a knife the outer male and shoulder of the instant case, and threatened the victim with an industrial knife (24 cm in total length, 8.5 cm in knife length), which is a dangerous object in possession, with an industrial knife of the said victim’s knife, and threatened the victim, such as “report to the police police police police police police police police police police police police police police police police police in the camping-gu.”

2. The Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) with the knowledge that the victim F (50 years of age) who was in a place where the Defendant was faced with the Defendant on the road front of the Enb in front of the said paragraph (1) was sprinked, and used a dangerous industrial tower knife, which is a dangerous object, and used a knife with the victim’s left shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 260 (1) and 283 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant threatens or assaults victims of a knife, which is a dangerous object due to the impossibility of being drunk.

However, in light of the fact that the victim expressed his/her intention that he/she does not want the punishment of the defendant, the degree of damages is relatively minor, and the fact that the same crime has been committed, but there is no record of punishment as a sentence, it is sentenced to punishment.

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