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(영문) 서울서부지방법원 2014.06.05 2014고단248
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On April 6, 2013, at around 13:30, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), the Defendant laid the knife, which is a deadly weapon prepared in advance, for the reason that the victim C (the age of 32) left his/her female friendly D from his/her music screen, and told the victim that “I have knifed the knife,” and that the victim knife another knife “I have knifed with knife with knife.”

Accordingly, the defendant threatened the victim with a deadly weapon.

2. In the time and place mentioned in the above paragraph (1), the Defendant got knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kneee

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Entry of the accused in part of the protocol of examination of the prosecution against the accused;

1. Recording notes;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 2 (1) and 283 (1) and 257 (1) of the Criminal Act (Selection of imprisonment with prison labor for an injury);

1. From among concurrent offenders, the Defendant’s possession of a knife, which is a deadly weapon, is not a threat. However, if the knife with a knife to show the knife with which D attempted self-harm, it seems that there was no need to keep the knife with two knife and do not need to keep the knife. Even if the knife of the victim’s telephone communications between the Defendant and the victim, the Defendant threatened the victim as the victim’s telephone communications.

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