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(영문) 수원지방법원 안산지원 2015.05.19 2015고단733
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

Defendant on December 14, 2014, a member of Ansan-si around 23:40 on December 14, 2014

B. In the Defendant’s residence, while drinking 104, the Victim C(46 years of age) and drinking her son was fluent to the Defendant by talking about her parents who return to the Defendant, but the kitchen knife (16.5cm in the blade length, 30cm in the total length) which is a lethal weapon was threatened with the victim’s knife and her knife.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to the photographs of seized articles and victims;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the facts that the defendant reflects the mistakes, contingent crimes, the facts that are agreed with the victim, the first offender, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered grounds for discretionary mitigation);

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

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