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(영문) 인천지방법원 2013.11.19 2013고단5613
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

However, 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

At around 17:45 on September 6, 2013, the Defendant: (a) expressed the victim C (neep, 33 years of age) in front of the bus stops located in the Nam-gu Incheon Metropolitan City, Nam-gu, the Defendant expressed the victim’s desire to “I leep off the bus at a light in the passenger car; (b) as the driver’s seat of the vehicle where the victim is seated.”

On the other hand, the defendant continued to have knife a knife (11cm in knife length) which is a dangerous object, and repeated and repeated to the victim after inserting the knife and knife.

Therefore, the victim, who was sicker, closed the window of the driver's seat, fastened the vehicle door, and the defendant had the knicker knicked with the knicker's hand, and knicked with the knicker's glass.

When the police officer was dispatched to the victim's 112 report, the defendant saw the victim's "satisfe" from the vehicle to inform her location, and put the knife on the victim's knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (such as statements by victims);

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. Article 62 (1) of the Criminal Act;

1. The Defendant’s crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order is a threat against the victim in the knife for the reason that the victim had scambling, and the nature of the crime is not weak.

Moreover, even though the Defendant had had been sentenced to imprisonment with prison labor for the same kind of crime, the Defendant committed the instant crime, and did not agree with the victim.

In light of the above circumstances, the defendant should be punished strictly, but the probation and social service should be provided in consideration of the fact that the defendant led to the confession of the crime.

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