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(영문) 인천지방법원 부천지원 2015.06.24 2014고단3371
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is the victim C(n, 67 years of age) and the victim's house of the victim No. 301, Dong-gu, Seocheon-si, Seoul Special Metropolitan City D, which is living together with one year and six months.

On October 14, 2014, the Defendant, at around 16:37, 2014, brought two kitchens of 19cc in both hands, which are dangerous objects under the influence of the kitchen, while making a knife and dispute with the victim at the house of the above victim, and said two kitchens of 19cc in the knife length of the knife and the victim called “the deceased and the dead.”

Accordingly, the defendant carried a deadly weapon or other dangerous object and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made by the police in C and E;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548,

1. Although there are many kinds of records of punishment for the defendant for the reasons of sentencing under Article 62 (1) of the Criminal Act, the crime of this case appears to have occurred contingently, and agreement has been reached between the victim and his/her wife and his/her wife wanting to leave the ship.

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