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(영문) 인천지방법원 2015.01.22 2014고단7787
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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A defendant shall be punished by imprisonment for one year.

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

1. The Defendant in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) was at the home of the victim D (V, 69 years old) of the Nam-gu Incheon Metropolitan City Carryover A, around 14:00 on March 14, 2014, the Defendant made and used a credit card in the name of the victim.

With respect to the occurrence of a dispute, the victim said that “I will die” was “Is the victim in the form of a deadly weapon, which is a deadly weapon in the state of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the Republic of Korea.”

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

2. On May 23, 2014, the Defendant damaged property: (a) around 22:40 on May 23, 2014, the Defendant: (b) putting the Defendant into the front knife with a knife and knife, and knife the Defendant’s knife, knife, and knife the Defendant’s knife in the front knife.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, D, and E;

1. Application of Acts and subordinate statutes, such as photographs of damaged uniforms;

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence shows the attitude of both the defendant when committing a crime and reflecting it, the victims do not want punishment by mutual consent with the victims, and other factors of sentencing including the defendant's age, character, conduct, environment, health conditions, motive and circumstance of the crime, and circumstances after committing the crime shall be determined as ordered by taking into account the following factors:

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