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(영문) 대전지방법원 천안지원 2014.06.12 2013고단1677
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On September 20, 2013, around 00:45, the Defendant: (a) while drinking alcohol before C (54 years of age) in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City on September 20, 2013; (b) took a dangerous thing that C (54 years of age) was kept in custody of the Defendant’s house on the ground that C (54 years of age) said C (10cm in total length, 10cm in length) and C (10cm in length) was said to be bad; (c) and (d) said, “the son is dead,” and said, the Defendant took a threat to the body of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Police seizure records and seizure lists, and application of Acts and subordinate statutes to photographs;

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

1. Mitigation of discretionary work and taking into account Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that he/she repents in depth and that he/she has no criminal record);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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