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(영문) 대전지방법원 2013.05.22 2012고단3551
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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

Punishment of the crime

1. From July 4, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) was a person with physical disability in the face of vision, and around July 19, 2012, around 19:50, around the residence of the Defendant in Daejeon-dong, Daejeon-dong C Apartment 107 Dong-dong 506, the victim D (the victim 51 years old), and apartment stairs cleaning, while the Defendant was carrying out trial expenses, the victim was defective as “service multiple,” and the victim went into the house, and knife the knife, which is a deadly weapon (the total length, 31cm, 18 cm) and knife the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

2. Violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.), at the above date, place, and D’s victim E (the age of 31) told the Defendant, and took the knife, which is a deadly weapon, against the defective victim, and put the victim a second balance of the left-hand side in need of approximately two weeks of treatment.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Cooperation in investigation;

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

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Punishment of Violences, etc. due to Bodily Harm by Carrying a deadly weapon as judged heavier punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution is Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds), which is advantageous to the reasons for sentencing.

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