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(영문) 수원지방법원 성남지원 2015.07.02 2015고단568

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

1. The defendant shall be punished by imprisonment for six months;

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

Reasons

Punishment of the crime

The Defendant is a person who was living together with the victim C (Y, 58 years of age) and was serving as the head of office in the "E" restaurant located in Seongbuk-gu, Sungnam-gu, Sungnam-gu.

On March 5, 2015, the Defendant, at around 17:43, on the ground that the above restaurant is not well operated, carried with the victim and the Si reserve, carried with the victim a single knife (28cc in the knife length of the knife) who is a deadly weapon in the kitchen, and exceeded and fastened the victim, and threatened the victim by acting in the same knife as the knife.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. Color photographs;

4. Application of ctv-faging Acts and subordinate statutes;

1. 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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] In the case where the mitigation area (4 to 1 year), mitigation area (4 to 1 year), punishment is not granted (including serious efforts to recover damage), or considerable damage has been restored [decision of sentence] Defendant again comes to a case despite the same violent criminal records several times, and Defendant has not been punished for the Defendant by agreement with the victim, and a punishment is not imposed for the Defendant shall be determined as ordered by the order, taking into account the various circumstances shown in the arguments, such as the following: