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(영문) 수원지방법원 성남지원 2015.12.18 2015고단1968
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 2, 2015, the Defendant: (a) around 21:00, at the “D” restaurant operated by the Victim C (Y, 46 years of age) located in Gwangju-si; (b) on the ground that the victim C was forced to pay the credit amount by telephone to the Defendant; (c) in the length of about 30 centimeters, which is an object dangerous to both hand and hand, the Defendant used a kitchen and a kitchen knife; (d) the victim C was different from the victim C; and (e) the victim C was called as “the head of the city would have repaid the food value; and (e) the victim was killed and discarded.”

On the other hand, the Defendant continued to use the knife and the kitchen knife as seen above by the victim E who had been a guest, and threatened the victim E by saying, “I are not a person who can drink before the need, but a short-term knife, who is not a party.”

Accordingly, the defendant threatened victims by carrying dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C, E, and F

1. Relevant Articles 284 and 283 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act is deemed to have threatened the victim E by using a knife, etc., which is a dangerous object of the defendant, and the nature of such crime is poor. Nevertheless, the victim E is not subject to measures to recover damage until now. However, in determining a specific term of punishment, the crime of this case shall be sentenced to a corresponding punishment in light of the fact that the defendant led to the confession of and reflects against the crime of this case, and other conditions of sentencing such as age, character and conduct of the defendant, circumstances leading to the crime of this case, and progress after the crime, etc.

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