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(영문) 청주지방법원 충주지원 2013.06.28 2013고단236
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 17:30 on April 17, 2013, the Defendant received a warning from the victim of the Victim D located in Chungcheong City to “a sound under the influence of alcohol” in front of the Victim D’s house located in Chungcheong City, and subsequently, she opened the victim’s house door door door, and the victim made a mountain knife (7 cm in length, 15 cm in total length, : 15 cm in length, which is a deadly weapon in the opening of the front door, and threatened the victim with the threat of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The list of seizure and the protocol of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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. An unfavorable condition for sentencing under Article 48(1)1 of the Confiscation Criminal Act: A extenuating circumstances in which the defendant threatened the victim with a knife knife, a dangerous article, which may lead to a significant result: The defendant agreed with the victim; the defendant is 72 years of age; the defendant was living without any previous conviction so far; the defendant reflects the crime; the defendant appears to have committed the crime of this case by drinking alcohol and contingently; and other circumstances that are the conditions for sentencing specified in the records, such as the defendant's age, character and behavior, occupation, home environment, etc., are considered.

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