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(영문) 수원지방법원 안산지원 2016.08.25 2014고단2628

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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

However, 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

1. On July 29, 2014, the Defendant injured the victim by assault: (a) found the victim E (26 years old) room in Ansan-si and the victim E (26 years old), and changed the drinking value on July 29, 2014; and (b) suffered injury, such as the need for approximately three weeks of treatment of the victim’s breath, and other and the breath and tension of the breath part of the breath part of the breath part.

Accordingly, the Defendant inflicted an injury upon the victim by assaulting him.

2. This part was corrected in line with amendments to special intimidation.

On July 29, 2014, around 22:35, the Defendant: (a) at the place indicated in paragraph (1) at around 22:35, the victim F (the 52 years old), who operates D main points, and the victim E, changed the drinking value to the Defendant, and (b) as a dangerous object in the Defendant’s room (the 17Cm in length) and the 26cm in length (the 26cm in length). The Defendant used the parts of the victim E, “I will die, I will die, and NA mother will die”; and (c) the victim F’s f’s humping, and the victim E considered “ dead and discarded”.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A written diagnosis of E;

1. Seizure records;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 262 and 260(1) of the Criminal Act (the occupation of causing violence) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A crime falling under Article 62(1) of the Act on the Suspension of Execution and the Act on the Suspension of Execution and the Act on the Suspension of Punishment and the Act on the Suspension of Sentence 1 [Scope of Recommendation] that does not exist in the basic area (4 to 2 years) of the crimes of assault and the basic area (4 months to 2 years) [the scope of recommendation] of the crimes of intimidation 2] [the scope of recommendation] of the basic area (6 months to 1 year and 6 months) of the basic area (6 months to 6 months), the basic area of the crimes of intimidation 4 (Habitual, repeated crime, special intimidation), [the person who is subject to special sentencing] of multiple aggravated crimes: 6 months to 2 years.