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(영문) 인천지방법원 2013.05.22 2011고단5363
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

The seized shotknife (No. 1) shall be confiscated.

Reasons

Criminal facts

On July 30, 2011, around 21:45, the Defendant threatened the victim with the attitude that the victim seems to have a knife knife (21cc in the knife length) in front of the same Gu as the taxi in front of the same Gu where the victim E (the age of 35) gets on a F taxi operated in the D market located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to pressure records, list of seizure, seized blades and photographs;

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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant confessions the crime of this case in favor of him.

However, in this case, it is not good that the defendant has threatened the victim with a spo-knife, which is a dangerous object, and the defendant has been punished several times for violent crimes, such as destruction of property, assault, and violation of the Punishment of Violences, etc. Act, but it is inevitable to sentence sentence in that the defendant again commits the crime of this case.

The punishment shall be determined within the term of punishment mitigated in consideration of all the conditions of sentencing, including the circumstances mentioned above, the age and environment of the defendant, etc.

It is so decided as per Disposition for the above reasons.

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