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(영문) 의정부지방법원 고양지원 2015.02.12 2014고단2489

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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

However, 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. On September 15, 2014, around 20:30, the injured Defendant suffered injury, such as a diverosis, salt, tension, etc., of which detailed details need to be treated for about 14 days by pushing the victim’s chest by driving the victim’s chest, and walking the victim’s neck, on the ground that the victim’s E (17 years of age) was taking a smoking on the street, and the victim took a bath and resisting the diver of tobacco while smoking tobacco from the street.

2. On September 15, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectives, deadly weapons, etc.) around 20:40, around the restaurant that is F near D in Gyeyang-gu, Goyang-gu, Goyang-gu, Goyang-si, and as a result, on the ground of paragraph (1), used the cryp inserted (38 cm in length) and the divers (33 cm in length) that are dangerous goods at the Defendant’s home warehouse located near the Defendant’s house located in his/her place as a knife for the same reason as that of paragraph (1), and threatened the victim as they would drive away.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation record of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 or order to provide community service under Article 62-2 of the Criminal Act;

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

1. Scope of recommendations according to the sentencing criteria;

(a) Where the mitigated area (4 to 1 year), the mitigated area (4 to 4 months), the punishment is not imposed (including serious efforts to recover damage), or considerable partial damage is recovered from the mitigated area (4 to 1 year), or the mitigated area (including a person who has been specially mitigated);

B. Type 1 (General Bodily Injury) is the area of special mitigation (one to one year).