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(영문) 인천지방법원 2015.05.11 2015고단540
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 52) are the persons who live together in the "D apartment of Jung-gu Incheon Metropolitan City" 702, and the victim E (the age of 26) is the children of the victim C.

1. Around 01:00 on January 10, 2015, the Defendant, on the ground that C does not return home at the above place until late, made intimidation to the victim E, “I would like to do so if I would do not do so” and “I would like to do so if I would do not do so. I would like to threaten the victim E, such as acting as I would like to act as I would like to do anything in a knife (42 cm in length, 27 cm in a knife length).

2. The Defendant laid down the victim C at the above date, time, and at the above place, and threatened the victim C with any harm to the victim C, such as gathering the knife, which is a dangerous object, and acting as a knife of the victim C’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C (including photographs of the criminal scene);

1. Investigation record of seizure;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendations] The mitigated area (8 to 2 years) of Types 4 (Habitual Cumulative Offense, Habitual Intimidation), the aggravated area (8 to 2 years), [the person under special jurisdiction] [the decision of sentencing] of the Act on the Acceptance of Criminal Crimes (the decision of sentence] the Defendant threatened the victim E with knife and threatened the victim C with knife as knife, acting and threatened the victim C with knife as knife, and the Defendant collected all knife at knife while having taken all the electricity of the house, etc., the crime of this case is not very good.

In addition, it is necessary to set up the period of time.

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