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(영문) 인천지방법원 부천지원 2014.10.07 2014고단585
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

Reasons

Punishment of the crime

[2014 Highest 585] On February 19, 2014, the Defendant: (a) around 17:40, the Defendant: (b) was a victim D (n, 41 years of age) living together in Yancheon-si Cze-si 303, and a director-at-law dispute; (c) the kitchen, which is a dangerous object at the port of the port of the Republic of Korea, was a kitchen (the total length of 30cm and 19cm in length; and (d) the kitchen and the knife (the knife). The Defendant said that the knife “B death.”

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

[2014 Highest 2106] On July 2, 2014, the Defendant: (a) on the grounds that the victim G (58 years of age) said in the F cafeteria located in Yecheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-si, the Defendant collected a small-scale disease, which is a dangerous object in the table, from a handwritten hand, and said, “I am kn kn kn kn kn kn kn kn kn kn kn kn kn kn k

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to H and G;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. In light of Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the following sentencing grounds), the grounds for sentencing are dangerous and not good, and there are several records of criminal punishment for the same kind of crime, and some victims have not agreed with the sentence, it is inevitable to sentence the defendant.

However, the sentencing factors indicated in the trial process of this case, such as the age, character and conduct, environment, previous conviction, etc., including the confession of crimes, the victim H does not want the punishment of the defendant, and the fact that the victim H does not want the punishment of the defendant, shall be determined as per the order.

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