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(영문) 수원지방법원 안산지원 2015.10.19 2015고단2460

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six 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 10:30 on June 11, 2015, the Defendant: (a) threatened the victim with a female-friendly job offer victim D (at the age of 25) located in Ansan-si, a member-gu, with a view to making it possible for the victim to take her hump in a hand by using the victim’s hand-on knife, and knife knife knife (at the time of increase, 20cm in total length, 15cm in knife knife) which is a dangerous object in the face of the victim; and (b) threatening the victim by saying, “I will die and knife before it was reported to the police, because I would die and knife.”

2. At around 05:00 on June 21, 2015, the Defendant: (a) thought that the victim had met another male at the place indicated in paragraph (1); (b) took a knife knife (the total length of 32 cm, the knife length of 20 cm) which is a dangerous object that was in the main room of the victim, and sciffed with the victim’s face, face, etc., flife by hand, and knife by hand; and (c) threatened the victim by taking advantage of the victim’s knife at the place indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Articles 284 and 283 (1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment in accordance with Articles 283 of the Criminal Act;

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

1. The sentence of Article 62(1) of the Criminal Act for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter below) in the case where the mitigated area (including four months to one year), the mitigated area (including advanced efforts to recover damage), the mitigated area (including voluntary mitigation), or considerable partial damage), the second crime [the scope of recommending] mitigated area (4 months to one year), the mitigated area (including special mitigation), the mitigated area (4 months to one year), or the mitigated area (including serious efforts to recover damage) [including special mitigation] mitigated area (4 months to one year), the mitigated area of punishment (including serious efforts to recover damage), or considerable partial damage: April to June 1.