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(영문) 수원지방법원 2013.08.14 2013고단2380
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

The list of seizure records in the Suwon District Prosecutors' Office 2013No. 954, which was seized.

Reasons

Punishment of the crime

At around 10:00 on April 25, 2013, the Defendant stated to the effect that, “The Defendant may bring about a large number of animals, such as cattle and pigs,” she puts the kitchen knife into the head of the victim D (the knife length, approximately 35cm in total, about 21cm in knife) who is an employee of the convenience store, the kitchen knife, which is a dangerous object that had been in possession of after drinking, at C convenience stores located in Suwon-si, Suwon-si, Suwon-si, Suwon-si.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on criminal origin and internal investigation reports;

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant has already been punished for the same kind of crime, that is, the use of kitchen blades that may cause serious bodily harm to the victim for the crime, and that the victim wants to punish the defendant, it is necessary to strictly punish the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions in the instant case, such as the fact that the Defendant has no record of punishment heavier than the suspension of execution, the confession of the crime, and the motive, means and result of the crime in this case, the circumstances after the crime in this case, the age, character and conduct of the Defendant, and family

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