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(영문) 부산지방법원 동부지원 2013.06.12 2013고단1429
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 21, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) expressed that he/she would kill the victim on the grounds that he/she would be under the influence of alcohol and that the normal victim D (the age of 74) would go against himself/herself in the route of Busan-gun captain-gun, Busan-gun, on the grounds that he/she was under the influence of alcohol, thereby threateninging the victim as a dangerous object that he/she had in advance (22 cm in total length, 12 cm in blade length).

2. Violation of the Punishment of Violence, etc. Act (injury by a group, deadly weapon, etc.) committed an injury to the victim, on the ground that the victim E (the age of 69) said date, time, place, and on the ground that the victim E (the age of 69) expressed the Defendant’s intimidation, “I am knife equally fe, die, and knife,” and the victim attempted to knife the Defendant’s knife and knife the Defendant’s knife (22cc in total length, 12cc in blade in knife length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statements of E and D;

1. Application of the legislation in its opinion;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 257 of the Criminal Act concerning a crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the defendant first agreed with the victim as the crime, and other various sentencing conditions, such as the age, character and conduct, environment and circumstances after the crime, shall be considered);

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

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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