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(영문) 수원지방법원 2015.11.27 2015고합537

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 17, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury in the Suwon District Court’s Ansan Branch, and on August 18, 2014, the Defendant completed the execution of the sentence in the Sungsung Vocational Training Correctional Institution.

Defendant 22:00 to 23:00 on December 2, 2014, talks with the victim D (the age of 56) who finds the Defendant’s parents and self-esteem at the Defendant’s residence located in Ansan-si C and 2:22 Dong Dong Dong Dong-si.

In addition, the victim threatened the victim by putting the fluor's disease, which is a dangerous object at the same time, putting the fluor's disease over the victim's side to the fluoral of the victim, and "Is down the fluor's fluor's death".

Accordingly, the defendant threatened the victim by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each investigation report (including data appended respectively);

1. Records before judgment: Application of inquiry report on criminal records, etc. and Acts and subordinate statutes to the prosecution investigation report (verification during the period of repeated offense);

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 14 years or a fine not exceeding 20 million won;

2. The scope of the sentencing guidelines according to the sentencing guidelines is not prepared. 3. The sentencing guidelines are not to be imposed in light of the following: (a) the Defendant’s act of this case as a shoulderer's prone intimidation against the victim’s side interest; (b) the risk of using the tool; (c) the contents of intimidation; (d) the crime against the wife living together for 25 years; (c) 25 times out of the total 31 times penal power against the Defendant; and (d) the Defendant again committed the instant crime at least 4 months after the execution of the sentence after having been sentenced to a punishment for the same crime.

However, in this case, the victim is the victim of domestic violence.