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(영문) 의정부지방법원 2015.12.04 2015고단2175

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 20:00 on January 28, 2015, the injured Defendant d'C’ dormitory located in Sacheon-si B, Sacheon-si, where the injured Defendant spits the victim D (27 years of age) without complying with it, and spits the victim’s face and spits the victim’s head and face into drinking and spits, thereby taking about about four weeks of the victim’s head and face into consideration.

2. A special intimidation: (a) the Defendant: (b) took the kitchen 18ccout of the blade length, which is a dangerous object in the kitchen, on the ground that the said victim does not flee or get out of the victim’s side by the victim’s loss; and (c) took away from the kitchen at the same time and place, and (d) took the kitchen 18cc in a way that the victim gets out of the kitchen, she took the kitchen with the same kitchen knife as the victim’s part

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: (a) the suspension of execution of sentence imposed on the victim for about four weeks; (b) the victim was in danger of causing harm to the life and body of the victim; (c) the victim was in danger of causing harm to the life and body of the victim; and (d) the circumstances favorable to the defendant, which have the records of the same crime committed on the part of the defendant: the defendant was committed in violation of all of the criminal acts in this case; and (d) the victim did not want the punishment by mutual consent with the victim; and (e) the defendant’s age, character and behavior, character and environment, intelligence and environment, relationship with the victim, motive, means and consequence of the crime; and (e) other factors of sentencing as prescribed in each subparagraph of