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(영문) 서울동부지방법원 2013.08.08 2013고단367
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

On October 26, 2012, at around 03:25, the Defendant, at the front of Gwangjin-gu Seoul Special Metropolitan City, and around the 52-year-old road, the victim C (the 52-year-old age) was clicked for a warning while driving a vehicle, and the Defendant took the attitude of knicking the knife (the 40cm in total length, 25cm in knife length, knife No. 1) with a deadly weapons at the taxi of the victim under stop and opened a knife (the knife, the knife, the knife, the kn

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Entry of C in the protocol of suspect examination of the accused in the prosecution;

1. Statement of the police statement regarding C;

1. Each statement of D and C;

1. Application of Acts and subordinate statutes on police seizure records;

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. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Act concerning confiscation

1. The Defendant asserts that, although the Defendant, at the time and place indicated in the facts charged in the instant case, knife and knife are different from the victim, the Defendant did not make a statement or knife as indicated in the instant facts charged.

2. The following circumstances revealed by comprehensively taking account of each of the above evidence: (i) the Defendant knife and knife the victim; (ii) the knife between the Defendant and the victim; (iii) the Defendant knife and knife the knife; and (iv) the Defendant knife the knife with the victim; and (v) the victim clearly consistently stated that the Defendant knife the knife was knife on the part of the victim’s clothes; and (v) the victim cited the knife without any particular reason.

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