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(영문) 인천지방법원 2015.05.28 2015고단1709
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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 March 8, 2015, at around 02:35, the Defendant: (a) expressed the Defendant’s desire to do so; (b) expressed the Defendant’s desire to do so; (c) expressed the Defendant’s desire to do so; and (d) expressed the victim’s desire to do so by taking the blades (24cm in total length, 12cm in length) which are dangerous goods in the Defendant’s Cream, into the victim’s knife of knife; and (d) threatening the victim to her knife.e., “D”.

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Statement of the police statement;

1. Application of Acts and subordinate statutes of E;

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. Article 62 (1) of the Criminal Act;

1. The defense counsel on the assertion of counsel under Article 62-2 of the Social Service Order Criminal Act asserts that the defendant was drunk at the time of committing the crime and was in a state of mental disability.

In light of the circumstances and methods of the crime, details of the crime, and the defendant's behavior before and after the crime, etc., it is not deemed that the defendant lacks the ability to discern things or make decisions due to drinking, and thus, the above assertion by the defense counsel cannot be accepted.

The reason for sentencing [decision of the type] the reason for sentencing (decision of the type) types 4 (Determination of the recommended area, repeated crime, special intimidation) [Scope of the recommendation area] basic area, six to one year and six months [general person] - there is no record of criminal punishment [whether there is a positive reason for mitigation of sentence] - There is no record of criminal punishment - there is no positive reason for the positive reason for the crime: The positive general reason for the crime is clearly related to social relation, contingent crime, serious reflector [decision of the sentence] 1 year of imprisonment, two years of suspended sentence, community service, etc. It is decided as per the disposition.

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