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(영문) 수원지방법원 2013.09.04 2013고단1421
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. On January 9, 2013, around 22:30, the Defendant, at the home of the Defendant, who violated the Punishment of Violences, etc. Act (collectively weapons, etc.), threatened the victim E (the age of 49), who caused the Defendant to drive by proxy at the home of the Defendant’s house, and the body fighting due to the agency driving fee, and the body fighting, which is a dangerous object in the main line (the blade’s length of 16.5cm and the total length of 30cm), seems to have taken a dangerous object in the main line, thereby threatening the victim’s body.

2. In the above date, at the above place, the Defendant continued to have a lock-out locking device that fell away from the body fighting with the victim and had the victim dance, thereby having the victim receive approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to seized articles, photographs and written diagnosis of injury;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, even though the defendant agreed smoothly with the victim, in consideration of the fact that if the victim did not record the situation at the time, he/she was obvious that he/she would be the perpetrator, and that the defendant is currently under suspension of execution due to the same kind of crime, the sentence is determined as ordered

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