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(영문) 창원지방법원 2015.11.12 2015고단2443
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

Around 16:05 on May 20, 2015, the Defendant conspiredd with the victim C(54 years of age) in the long-term, Chang-gu, Chang-si, Chang-si, Dandong-ro 92, with the influence of alcohol. Around 16:05, the Defendant, under the influence of alcohol, had his wife bring about a knife in his own dwelling, and had his wife do an act of carrying the dangerous knife (20cm in length of the knife) of the knife, which is a dangerous object, and threatened the victim with “a knife knife knife knife knife knife kniff.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes governing blades;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. As the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, since the defendant, under the influence of alcohol, has committed the instant crime that threatens the victim in a knife, which is a dangerous object, and thus, the crime is not light, but is divided. However, the execution of the instant crime is suspended considering the fact that there is no criminal conviction exceeding the fine and a mistake is divided, and that the victim

b)In full view of the Defendant’s age, character and conduct, home environment, motive and circumstances of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

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