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(영문) 인천지방법원 2014.06.19 2013고단5308
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 31, 2012, around 09:55, the Defendant: (a) 09:55 on the ground that the victim D (year 46, female) around the Yeonsu-gu Incheon Metropolitan Community Welfare Center purchased the bicycle from the suspect and applied for matching to the locks which are boomed with the bicycle; (b) was in dispute with the victim while taking a bath for each other; (c) knife the knife (16.5 centimeters in the knife length) and knife the dangerous object coming into the bank; and (d) threatened the victim by spreading two knife, which is a dangerous object, to throw the knife the knife on the side where the victim is the victim.

Summary of Evidence

1. Each police statement made to D and E;

1. A criminal investigation report (to hear statements from shots E);

1. Each investigation report (general);

1. Photographs of seized articles;

1. Application of statutes on field photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant and his/her defense counsel's assertion regarding the defendant and his/her defense counsel under Article 48 (1) 1 of the Confiscation Criminal Act asserted to the effect that the defendant knife and threatened the victim D with no fact. However, according to the witness E's consistent and specific statement and witness E's statement consistent with the above victim's statement, it can be sufficiently recognized that the defendant used a knife as stated in the judgment and threatened the victim.

Therefore, the defendant and defense counsel's above assertion is not accepted.

The reason for sentencing [Scope of Recommendation] The basic area (from June to one year and six months) of the sentencing category 4 (Habitual, Cumulative, and Special Intimidation) (the decision of sentencing) (the decision of sentencing) was expressed by the defendant knife that he had died of the victim. However, in light of the method of the crime, the defendant's responsibility is not weak, but the defendant has caused the crime of this case by contingency.

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