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(영문) 서울서부지방법원 2015.11.18 2015고단1713
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is the husband of the victim C (V, 50 years of age) and is the father of the victim D (V, 20 years of age).

At around 04:20 on July 17, 2015, the Defendant, while drunkly drinking in the residence of the Defendant and victims in Seodaemun-gu Seoul, Seoul, and the victims, entered the room where the victims are self-employed (40cm in length), and displayed a view to the victims.

Accordingly, the defendant carried dangerous articles and threatened victims.

2. On July 28, 2015, the Defendant, around 00:30 on July 28, 2015, in the Defendant’s residence located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and in the branch of the Defendant, assaulted the victim’s head when the victim’s head was drinking, with a knife ( approximately 32 cm in total length, about 20 cm in day length, about 20.5 cm in the kitchen where the victim did not know of the victim, and the victim’s knife in the kitchen.

In this respect, the defendant carried a knife, which is a dangerous thing, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of the Acts and subordinate statutes of knives photographs and knives photographs;

1. Relevant Article of the Criminal Act and Articles 284, 283 (1), 261, and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act had the same record of having been sentenced 15 times or more as the Defendant had been sentenced to punishment, and on September 12, 2012, in the branch branch of Suwon District Court, the Defendant was sentenced to a suspended sentence of 3 years in 1 year and June, and was under the suspended sentence at the time of each of the instant crimes, and the Defendant committed assault and intimidation on March 18, 2015, which was prior to each of the instant crimes.

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