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(영문) 수원지방법원 여주지원 2015.07.10 2015고단394

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2015, at around 23:11, the Defendant: (a) sent a victim B (the age of 49) who was going beyond the stop line prior to the Yellow Station in front of the Yellow Station; and (b) immediately released a C cab (K7 car) owned by the Defendant, which is a dangerous object to chemicalization, and threatened the victim by threatening him.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the investigation report (case of the confirmation of CCTV in front of the entrance);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (refluence of favorable circumstances among the reasons for sentencing) is not suitable for the crime of this case to be committed by the defendant in consideration of the defendant's favorable circumstances such as the defendant's age, health condition, motive, means and consequence of the crime, and the circumstances after the crime, etc.