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(영문) 광주지방법원 해남지원 2015.05.26 2015고단85
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2013, around 15:39, the Defendant took part in “Dju” in “Djun” located in Jeonnam, on the ground that the Defendant interfered with the Victim E (the age of 57) and the primary raidr while the Defendant was seated with the Victim E (the age of 57).

Accordingly, the Defendant taken a kitchen knife (25 cm in total length, 13 cm in knife) which is dangerous things in the kitchen in the kitchen, and knife the knife “Clife and money,” and knife the knife three times above the knife, thereby threatening the victim of the kitchen.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Articles 3 (1) and 2 (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;

1. Article 62 (1) of the Criminal Act (including the fact that the injured party has not been punished against the accused, the fact that the accused is against the accused, and the fact that the accused is a contingent crime);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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