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(영문) 수원지방법원 2013.09.04 2013고단1627
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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. On April 16, 2012, at around 17:30, the Defendant: (a) committed an assault on the part of the victim, i.e., the victim D (n, 62 years old); (b) the victim D (n, the victim 62 years old); (c) the victim’s chest and the ship in his/her place of residence; and (d) the victim left the victim’s chest and the left bucks; and (c) the victim’s escape continued to leave the front door by asking the victim’s chest and the left bucks; and (d) the victim’s right side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side of the victim.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) took the kitchen knife (34 cm in total length, 20 cm in length) which is a dangerous thing in the kitchen after having taken the victim at the time, place, and after having taken a kitchen, threatened the victim as they are.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of the criminal place, investigation report, evidentiary materials, and the Acts and subordinate statutes of the victim photograph;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation to carry a deadly weapon);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment within the scope of the sum of the long-term punishments of crimes in violation of the Punishment of Violences, etc. Act (a collective crime, deadly Weapons, etc.) and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the degree of injury on the grounds of sentencing in Article 62-2 of the Probation Criminal Act is not light, and that the kitchen and the kitchen that may cause serious bodily harm to the victim are used for the crime, etc., a strict punishment against the defendant is required.

However, the defendant is the first offender, and confessions the crime.

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