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(영문) 수원지방법원 2014.10.31 2014고단4839

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

At around 01:30 on September 10, 2014, the Defendant was under investigation by the police investigation of the Defendant’s wife D at the Defendant’s residence located in Suwon-gu Seoul Special Metropolitan City, Suwon-gu, and 102, and did not move back to the house and performed a bath to the Defendant E (14 years old). On the same day, at around 02:20 of the same day, four additional gas bombs were collected at the visit, which is dangerous objects, and the gas was darged, and the Defendant stated that “I will die all of the family members,” and that “I will die, I will am args without wrapping.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning field photographs and images;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] types 4 (Habitual Offense, Habitual Intimidation, Special Intimidation) and mitigation area (4 to 1 year): Imprisonment with prison labor for June 1, 2014, the defendant was sentenced by the Seoul High Court for three years of suspension of execution on August 1, 2014, with prison labor for a period of one year and six months of suspension of execution for causing bodily injury resulting from special obstruction of performance of official duties. On August 9, 2014, the judgment became final and conclusive, and the judgment committed the instant crime, and the statutory penalty for the instant crime only provides for a term of imprisonment. Thus, the sentence of a certain term of imprisonment cannot be avoided.

However, considering the fact that the defendant is against the defendant, the fact that the victim and the wife of the defendant have not been punished against the defendant, the punishment was determined by considering the age, character and behavior, environment, and circumstances after the crime.