Violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.)

○○ Kim (76 years old, female), and non-permanent,

Housing Olsan City

Original State of origin

Kim Jong-hee (Court Prosecution) and Hy Young-young (Court Trial)

Attorney Park Jong-jin (National Election)

August 2015 8.20

A defendant shall be punished by imprisonment for not less than six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Seized evidence No. 1 shall be confiscated.

Facts of crime

On May 10, 2015, at around 07: 22: Around 07, the Defendant used two knife knife knife knife knife 17cm in length, 27cm in length, 20cm in length, 30cm in length, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knife knife knife knife knif knif knif knif knif knif knif kn

Accordingly, the defendant carried dangerous objects and threatened the victim.

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283 of the Criminal Act

Paragraph 1

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing have been repeatedly taken into consideration for favorable circumstances)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel asserted that the defendant's act in possession of two knife knife and found as above 301 constitutes self-defense as an act to protect the defendant's body, but it does not seem that there was a previous infringement. Thus, the above argument is not accepted since the defendant's act cannot be deemed as self-defense.

Reasons for sentencing

[Scope of Recommendation Form]

Type 4 (Habitual, Cumulative Offense, Special Intimidation) Basic Area (from June to June 1)

【Special Convicted Persons】

None

【Determination of Sentence】

In six months of imprisonment and two years of suspended execution (in consideration of all the circumstances, such as the degree of damage inflicted on the victim and the defendant's primary offender);

Judges Kim Jong-hwan