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(영문) 대전지방법원 천안지원 2016.11.17 2015고단1028
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for seven months.

Seized knife knife knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 13:30 on May 18, 2015, the Defendant threatened the victim with a knife (19.5 cm length) with a knife (19.5 cm length) and with a knife (19.5 cm length) as the knife had a knife, and as the knife had a knife with a knife, the knife would die.”

On May 5, 2015, the Defendant: (a) around 15:30 on May 5, 2015, 2015, the Defendant: (b) around 15:30, the 2015 Seobuk-gu C apartment; (c) on the ground that the victim D (54 years of age) met the Defendant’s wife’s her amb, and caused the victim’s ambane, which is a dangerous object, caused the victim to go back to the hospital, and caused the victim to suffer approximately KRW 21 days of treatment.

Summary of Evidence

"2015 Highest 1028"

1. Statement of the police suspect interrogation protocol against the accused;

1. Written statements of D;

1. Entry into the protocol of seizure;

1. Videos of seized articles "2015, 1028";

1. Statement of the police suspect interrogation protocol against the accused;

1. Written statements of D;

1. Descriptions of a medical certificate;

1. Application of image Acts and subordinate statutes to damaged photographs;

1. Relevant Article of the Criminal Act and Articles 284, 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of inflicting bodily injury on carrying dangerous articles) of the same Act;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for a special injury heavier than punishment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than seven years and not more than six months;

2. The scope of recommendations according to the sentencing guidelines shall be set forth in Category 1 (Special Intimidation) and Category 4 (Special Intimidation) among violent crimes and intimidation.

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