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(영문) 춘천지방법원 강릉지원 2013.04.03 2012고단1029
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

[Criminal Power] On September 27, 2012, the Defendant was sentenced to a suspended sentence of three years on October 5, 2012 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) at the Gangnam Branch Branch of the Chuncheon District Court, and the said judgment became final and conclusive on October 5, 2012.

【Criminal Facts】

At around 20:55 on September 20, 2012, the Defendant: (a) took a kitchen knife (30 centimeters in total length) which is a dangerous thing in the kitchen, and “Chewing knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.”

Accordingly, the defendant carried dangerous objects and threatened victims D and E respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Relevant photographs;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report on confirmation of the same kind of records), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with punishment provided for in the Punishment of Violence, etc. Act against D with heavy crimes of offense)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1060, Jan. 1, 2000)

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