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(영문) 광주지방법원 순천지원 2014.10.28 2014고단1248
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is living as the tenant on the second floor of the house owned by the victim B (53 years old) and the victim C (49 years old) who is his or her wife.

On July 2, 2014, at around 21:10, the Defendant used a knife (30cm in total length, 15cm in knife) that is a deadly weapon at his own house and used a knife (15cm in knife) that was a deadly weapon at the victim’s house, and then threatened the victims with “the victims’ knife and knife” and knife their knife, and received one knife part of the face of the victim B by head, as the victims were knife their knife.

Accordingly, the defendant threatened victims by carrying a deadly weapon, and assaulted the victim B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C and B to the Act

1. Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. under the relevant Act on the Punishment of Criminal Crimes; Article 283(1) of the Criminal Act; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act on the Punishment of Violences, etc.;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the reflection of the fact, the agreement between the victims and the victims, the fact that there is no other criminal records other than the sentence of a fine of three million won due to occupational injury or injury, and the relationship between the victims and the victims, etc.);

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

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