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(영문) 인천지방법원 2015.06.25 2015고단287
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2015, from around 21:30 to 22:40, the Defendant saw that the victim D (the age of 102 Dong 1410, Dong 1410, Incheon Bupyeong-gu, Incheon (the age of 48) met the Defendant’s accumulated a knife knife ( approximately 36 cm in total length, approximately 26 cm in knife) that he was prepared in advance to wear a chnife and a stock farm bed, and saw that “the knife knife knife knife knife knife knife knife knife knife knif kn

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of knife, cap, locker photograph;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act is very poor, it is so decided as per Disposition by taking into account the following: (a) there was a person who was present at the time of the instant crime; (b) his/her arbitration after the crime was committed; (c) he/she provided alcohol with the victim; (d) the victim wanted to take the Defendant’s wife; and (e) the Defendant is closely against the instant crime.

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