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(영문) 서울중앙지방법원 2015.06.18 2015고단1283
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

Criminal facts

On March 6, 2015, the Defendant, while living in the area of the Seoul Station, purchased a shooting knife (a total length of approximately 32 cm, approximately 18 cm) that is a lethal weapon in Dongdaemun-gu Seoul around March 6, 2015, and possessed it with the employees of the protective agency for the homeless.

1. 폭력행위등처벌에관한법률위반(집단흉기등협박) 피고인은 2015. 3. 6. 17:50경 서울 중구 D에 있는 ‘C’ 앞 노상에서, 술에 취한 상태에서 별다른 이유 없이 소지하고 있던 위 사냥용 칼을 칼집에서 뽑아 오른손에 들고 피고인의 옆에 앉아 있던 같은 노숙인인 피해자 E(46세)의 목 부위에 들이대며, “내가 오늘 칼을 샀는데 다 죽여 버린다. 조심해라.”라고 말하며 마치 칼로 피해자의 목 부위를 찌를 듯 한 태도를 보였다.

Accordingly, the defendant carried a knife that is a deadly weapon and threatened the victim.

2. At the time and place specified in paragraph (1) of this Article, the Defendant, who violated the Punishment of Violence, etc. Act (a collective injury by a deadly weapon, etc.), heard the horses “I ambling to the victim’s body” from the victim F (the age of 38), a homeless person (the age of 38) of the same homeless person, who was present before the Defendant was seated by the said victim, with a knife of the victim’s body flife with a knife, flife with the victim’s body flife with its head flife with the left hand, brought the victim’s body flife with a knife with the victim’s head 4 cm from the number of treatment days.

Accordingly, the defendant carried a knife for match, which is a deadly weapon, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of photograph of seized articles and photograph of damaged victim;

1. Relevant provisions concerning facts constituting an offense;

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