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(영문) 춘천지방법원 강릉지원 2013.11.14 2013고단699
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 August 20, 2013, the Defendant, at around 22:43, 2013, told the Defendant at the house of the victim D (the age of 61) located in the East Sea C, and threatened the Defendant with a knife by talking about 10 knife the body part of the Defendant, which was 10 knife, and knife on the knife (the knife length 20 cm) located on the room of the Defendant, with the Defendant’s desire to “this knife, the knife knife knife.”

Accordingly, the defendant added a variety of cages, including two cages that require approximately four weeks of medical treatment, and threatened the victim with dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Evidence photographs;

1. Seizure records;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the same Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of concurrent crimes resulting from a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. with Excessive Punishment, etc. (a collective crime, a deadly weapon, etc.)]

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 200, Jan. 21, 2007> Article 55 (1) 3 of the same Act (see, e.g., Supreme Court Decision 200, Jan. 21, 2007>

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (i.e., grounds for discretionary mitigation);

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