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(영문) 의정부지방법원 2015.12.14 2014고단4274
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 3, 2014, the Defendant: (a) brought a serious dispute with the Victim F (the 40-year-old) who is a pro-friendly son on and around November 3, 2014 due to money in the course of telephone conversations with the Defendant, and (b) threatened the Defendant, “I am in the house, I am in the house, bring to the knife well, I am in the knife; (c) I am in the string (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).”

At around 00:20 the following day, the Defendant: (a) carried a knife knife prepared in front of the victim’s house in the city of the Government of Gyeonggi-do, and knife the knife of the victim; (b) knife the knife of the victim; (c) knife the knife of the 5 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, while carrying knife, shoulder beer disease, beer disease, and beer disease, assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, H and I;

1. Investigation report (case of statements made by a female reporter), investigation report (field investigation);

1. Application of seized blade photographs and field photographs-related Acts and subordinate statutes;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is very high that Defendant was punished as an act of violence. Moreover, on November 9, 2012, the Seoul Central District Court sentenced Defendant to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and three years of probation.

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