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(영문) 춘천지방법원 원주지원 2015.09.01 2015고단457

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six 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

From August 2014, the Defendant was living together with the victim B (the age of 22) C, who is the mother of the victim B (the age of 22).

On May 24, 2015, the Defendant, while under the influence of alcohol around 22:40 on May 24, 2015, in the dwelling of Won-si D70* * *00*0* *0*, on the ground that the victim did not have any personnel, rather her he was able to her, and on the ground that her was her, he / she took two kitchens, which are dangerous things in the bend of the kitchen, in his/her hand, and made intimidation on the part of the victim's left arms and on the part of his/her ship.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to the site and suspect photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, 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. The reason for the sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture [the scope of recommending punishment] The mitigated area (4 to 1 year), the mitigated area (4 to 1 year), or considerable damage (including efforts to recover damage) (the decision of sentence] imprisonment for six months, suspension of execution, two years, probation, and order to attend a lecture: the defendant threatened a female living together with knife a knife, and such behavior is very dangerous.

In addition, the defendant has been punished several times for violent crimes.

However, the defendant reflects the wrong and agreed with the victim.

In full view of these circumstances, the age, occupation, and circumstances of the defendant after the crime, etc., the punishment as per Disposition shall be determined.