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(영문) 부산지방법원 2015.06.04 2015고단1608
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six 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

1. On February 27, 2015, at the defendant's house located in Busan Northern-gu, Busan, around 18:15, the injured defendant changed the amount of money that the defendant left to the victim D (n, 54 years old) who had attended from about 10 years prior to the defendant's house, and the victim did not have money, and the victim did not have money, making it possible for the victim to write off the victim's knife the knife with the victim's arms.

As above, the Defendant abused the victim, thereby suffering from a fulgrative injury to the victim’s face, chin, etc.

2. The accused violates the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) shall carry a vagabonds with the victim at the same time and place as the preceding paragraph.

The victim threatened the victim with a knife, which is a dangerous thing that had been located in the main room, with a knife knife knife 20cm in knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of a deadly weapon, photograph, or statute of limitation on damage;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Articles 283 (1) and 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 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. Type 1 crime for the reason of sentencing under Article 62-2 of the Criminal Act, such as the community service order, [the scope of recommendations] the basic area (6 to 1.6 months), the basic area (6 to 1.6 months), the punishment of a person who is subject to special mitigation (including a person who has been subject to special mitigation) or a considerable partial recovery from damage), or the second crime (excluding cases where special intimidation is applied) in cases where a person committed a crime by the threat of organization or a large number of people, or carried a deadly weapon or other dangerous articles (excluding cases where special intimidation is applied), or where a person committed a crime by carrying a deadly weapon or other dangerous articles (excluding cases where special intimidation is applied) [the scope of recommendations] the general area of special mitigation (1 to 1 year), the area of special mitigation (1 to 4 years), or the source of punishment (including efforts that have been serious for the recovery of damage).

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