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(영문) 서울서부지방법원 2015.06.30 2015고단710
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant,

1. On February 3, 2015: (a) around 13:10 on February 3, 2015, the Defendant’s residence in Mapo-gu Seoul Metropolitan Government knife a knife the knife for the kitchen (the knife length 18.5cm, No. 1cm) which was a deadly weapon in the kitchen which was in the kitchen, and the knife at the kitchen, and the urban gas fee is paid from the kitchen located in Mapo-gu Seoul Metropolitan Government; and (b) the knife is knife with the victim’s knife and knife.

2. At around 18:40 on the same day, the Defendant’s residence was knife B with a knife for the foregoing kitchen for the same reasons as the foregoing paragraph 1, and the victim said that “the victim is a person who has flickly damaged the inside, but has died due to the death of the city.”

Accordingly, the defendant threatened the victim by using a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of the existing Acts and subordinate statutes of one kitchen, which has been seized, to one kitchen (No. 1);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished for the same kind of crime; the defendant frequently used violence against the victim prior to his/her usual alcohol. The defendant committed the crime of this case while drinking alcohol on the day of the crime of this case, which committed the crime of this case with the victim and public charges; the risk of the crime of this case using the kitchen gate, which is a deadly weapon, the defendant reflects the risk of the crime of this case; the relationship between the defendant and the victim; and other various sentencing conditions shown in the argument of this case shall be determined as the order of this case.

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