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(영문) 수원지방법원 평택지원 2014.10.23 2014고단1215

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of three years in one year and six months on June 23, 201 by committing a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Suwon District Court’s House on Eunpyeong District on June 23, 201, and the same criminal records are eight times more.

【Criminal Facts】

On July 19, 2014, at around 05:30, the Defendant: (a) went to walk the victim’s clothes due to weather on the front side of the C convenience store located in Pyeongtaek-si B; (b) brought an injury on the victim’s left face at about three weeks of treatment; and (c) brought an injury to the victim, such as salt, tension, etc. for about three weeks of treatment on the part of the victim’s left face, and (d) threatened the victim with a frighter’s disease, which is a dangerous object on the floor continuously.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of D;

1. A written diagnosis of injury;

1. Photographs;

1. Previous records of judgment: Criminal records, investigation reports (former and attachment of judgment), two copies of summary order, and application of two copies of judgment and two Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation to carry dangerous articles);

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation of punishment is the first crime [the scope of recommending punishment] 4 types (Habitual, Cumulative, Cumulative, Special Intimidation) (8 to 2 years) [the scope of recommending punishment] 2 of the motive for committing a crime (excluding types 5), which is likely to be criticized / [the scope of recommending punishment] 1 types (6 to 2 years) of general injury (excluding those under special circumstances). The final sentencing scope according to the motive for committing a crime (excluding types 4), which is likely to be criticized (6 to 3 years), : 8 months to 3 years [the decision of sentencing] excluding the records that the defendant sent a juvenile protection case or suspended indictment.