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(영문) 춘천지방법원 원주지원 2014.11.26 2014고단942

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

At around 00:10 on September 15, 2014, the Defendant: (a) viewed the victim’s D (17 years of age) to drink alcohol in front of the C convenience point located in Gangwon-gun B; and (b) said, on the ground that the victim’s work is acting without any example during the course of the victim’s work, the Defendant: (c) taken a knife knife blade (28cm: 28cm in length, 21cm in length: 21cm in length: c) on the part of the Defendant’s E-car knife in the knife of the above convenience point, and knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant threatened the victim by using a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 283 (1) of the Criminal Act;

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture;

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, intimidation crimes, and Types IV (Special Intimidation);

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) Scope of recommendations: Reduction area, four months to one year;

3. Determination of sentence: Imprisonment with prison labor for six months, a suspended sentence of one year, an agreement for twenty-four hours (limited to reasonable circumstances), there is no same kind of force as well as a fine of two hundred thousand won for violent crimes in around 202, and the risk of any contingent crime under the influence of alcohol [unfavorable circumstances].