beta
(영문) 수원지방법원 2015.02.04 2014고단5882

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

The defendant and the victim C(33 years of age) are neighboring residents, and the defendant filed a report to the police due to the fact that there was a vision between about 3 months before the defendant and the victim C(33 years of age).

On September 1, 2014, around 23:38, the Defendant entered the main gate of the victim’s residence in Suwon-si, Suwon-si, and followed the above work, and, under the influence of alcohol, the Defendant: (a) found the victim’s residence three times from August 31, 2014 to September 2, 200:4; (b) called “prising to dyp, if he knows the truth.”

On September 2, 2014, the Defendant, at around 20:35, was in possession of a knife, which is a lethal weapon, in the victim’s residence, and was waiting for the victim. While the Defendant was waiting for the victim, the knife knife was in possession of the knife out of the gate in order to throw away wastes, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of police seizure records, list of seizure, knife Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;