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(영문) 인천지방법원 2012.10.30 2012고단8914
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On June 21, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court, and on June 29, 2012, the judgment became final and conclusive.

At around 20:20 on March 11, 2012, the Defendant listened to the fact that her dynamic was born due to the injury that occurred between her dynamic and her kys of the victim D (5 years of age) and the victim, and asked the victim to resolve the case. However, the victim showed the dynamic attitude, her knife, her knife, her knife ( approximately 20cm in length, approximately 10cm in length in length, about 10cm in length in her knife), her knife in single hand, her knife with the victim's knife with the victim's knife with the victim's knife with the victim's knife with the victim's knife with the victim's knife.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of a certified copy of judgment);

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. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) and Article 55 (1) 3 of the Criminal Act for mitigation following the handling of concurrent crimes [Taking account of equity in cases where a judgment is rendered at the same time with a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, on which a judgment has become final

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

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