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(영문) 수원지방법원 2015.08.27 2015고단2790
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant, at around 02:30 on June 8, 2015, at the house where the defendant and the victim D (years 57) live together, the defendant who had been living in Suwon-si C or 101 on June 8, 2015, the victim was the same

7. At around 23:00, the Defendant and the police reported to the police, and the knife the knife of the knife ( approximately 30 cm in length, approximately 18 cm in knife length) on the knife of the knife in the body of the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the Acts and subordinate statutes governing blades and photographs threatened to A;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the victim does not want punishment against the defendant by mutual consent with the victim, the fact that the victim recognizes and reflects the crime, and the fact that there is no domestic criminal record);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of these circumstances);

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