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(영문) 수원지방법원 평택지원 2014.09.18 2014고단726

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:40 on April 7, 2014, the Defendant, while drinking in the square of Pyeongtaek-si 51, threatened the victim with the danger of being in possession of the victim C (the age of 53) as a dangerous object, citing the victim, and threatening the victim to “I will die.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes on photographs of damage;

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 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act citing dangerous articles without any particular reason while under the influence of alcohol for sentencing, and the crime of this case committed by a defendant threateninging the victim is deemed to be inferior, and there are unfavorable sentencing factors, such as the same criminal records up to several times, etc. However, the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant led to the confession of the crime; (b) a certain amount of money is deposited for the victim; (c) the degree of threat is not large; and (d) the defendant's age, character and conduct and circumstances