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(영문) 청주지방법원 충주지원 2015.05.15 2015고단98
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

At around 20:00 on January 4, 2015, the Defendant, while drunkly drinking at the Defendant’s house located in Blue Blue-type 302, tried to put the victim with other knife type (32 cm in total length, 16.5 cm in length), which is a lethal weapon, in the kitchen, when the victim resists at low resistance, and put the victim in a knife and hand with one knife (28 cm in total length, 16.5 cm in a knife length). After the locking, the Defendant attempted to throw the victim with another knife (19 cm in total) which is a dangerous weapon, so that the victim would avoid any disturbance.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Each photograph;

1. The application of Acts and subordinate statutes to arrest and report the occurrence of a case and to report each investigation (including attached documents);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the violation of criminal conduct, the living without any particular criminal record, and the victim

1. Probation under Article 62-2 of the Criminal Act;

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