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(영문) 수원지방법원 성남지원 2014.07.23 2014고단1149

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

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

A seized knife and one camping net shall be confiscated from the defendant.

Reasons

Punishment of the crime

On May 30, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective crime, deadly weapons, etc.) in the Sungwon District Court's Seongbuk branch on May 30, 2012, and completed the execution of the sentence in the Ganwon District Court's first prison on September 8, 2013.

At around 20:10 on April 10, 2014, the Defendant: (a) placed a knife knife knife knife knife knife knife knife knife knife knife at the knife knife knife knife knife knife knife knife knife knife knife in the knife knife knife in the knife knife knife knife knife knife knife knife knife knife knife knife in the above knife knife knife knife knif.

Accordingly, the Defendant carried with himself the excessive amount of dangerous articles and the camping net and threatened the victims, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Records of seizure and the list of seizure;

1. Photographs;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (including attachment reports to judgment);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following extenuating circumstances among the reasons for sentencing):

1. According to the sentencing guidelines for sentencing under Article 48(1)1 of the Criminal Act, the recommended sentence for the defendant is between 8 and 2 years of imprisonment.

The sentencing criteria for violent crimes, intimidation, and ..