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(영문) 인천지방법원 2015.08.12 2015고단3470
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 June 23, 2015, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) cited a knife knife (a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, a deadly weapon, etc.) brought the victim E (18 years of age) knife knife knife and knife knife, which is a dangerous thing under the preceding paragraph, and knife the victim’s knife with his left hand.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the photographic Acts and subordinate statutes;

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 (the occupation of intimidation to carry dangerous articles); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assault to carry dangerous articles);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) Basic crime: Violence crimes committed by carrying dangerous articles (determination of types) and violence (shorter, repeated crime, and special assault) (special offender): Reduction element of punishment (limited to recommendation range) from April to February 1 of Article 6;

(b) Concurrent Crimes: Class IV (Habitual Offense, Cumulative Offense, Special Intimidation) (Special Intimidation) for Intimidations against Carrying dangerous objects (Determination of Punishment). The mitigated elements are not punishable.

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