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(영문) 대전지방법원 홍성지원 2013.12.23 2013고단414
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around 17:20 on February 16, 2013, the Defendant: (a) at the E-cafeteria operated by the victim D (n, 55 years of age) in Chungcheongnam-nam Budget Group C, and (b) at the E-cafeteria operated by the victim D (n, 55 years of age), and (c) as a result of the above D and Sivication of audio appliances in the restaurant while under the influence of alcohol, the Defendant threatened the above D with the knife of the knife (10cm in length and about 10cm in length), and threatened the victim F (n, 44 years of age) of the knife with the above knife "F and the knife", and continuously threatened the victims G (n, South and 39 years of age) with a deadly weapon, and threatened the victims with the above G knife by carrying it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and G;

1. Application of related Acts and subordinate statutes to photographs;

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who violates the Punishment of Violence, etc. Act against Victims G with heavier penalty)

1. Determination as to the assertion by the defendant or his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the age, character and conduct of the defendant, and circumstances leading to the crime)

1. The defendant does not have the character of knife at the time.

2. According to each of the above evidence duly examined in this Court, D, in this Court, is one of the red color colorings of the knife used by the Defendant at the time of this Court.

We examined the inspection

할 수 있는 칼로서 그 길이는 접은 상태가 반뼘 정도 되었으며, 피고인은 그 칼을 허리띠에 두르고 다녔다고 진술하고 있고, 위 진술의 구체성과 일관성, 법정진술태도 등에 비추어 보면 위 진술은 신빙성이 있어 보이고, 달리 그 진술의 신빙성을 배척할 만한 합리적인 근거가 없는 점, ② G은 이...

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