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(영문) 서울북부지방법원 2015.06.04 2014고단4378

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 16:00 on November 2, 2014, the Defendant was crossing the vehicle without permission on the front of the Central Bank of China, 614-National Bank. On the grounds that the victim C (the age of 32) was resisted by the victim C (the age of 32) boarding and driving the vehicle at the same time, and the victim opened a door and raised an objection thereto, and then the victim took the knife of the knife for camping, which is a deadly weapon, the knife of the knife of the knife of the knife, the knife of the knife, the knife of the knife, the knife of the knife, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Police seizure records;

1. Investigation report (the telephone conversation of a shote);

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

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal conditions favorable to the defendant among the reasons for the suspension of execution);

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendation] / None of the basic area (referring to six months of imprisonment to one year and six months of imprisonment) of the fourth category (special intimidation) [the decision of sentence] of the crime of this case / The defendant must be sentenced to a strict punishment; however, the defendant is in depth of and against his own crime; the defendant has no record of criminal punishment after 2007; the defendant has no record of criminal punishment exceeding a fine; the defendant has no record of criminal punishment; and the defendant has no record of criminal punishment exceeding a fine; and the defendant's age, family relation, and tendency are taken into consideration all the circumstances revealed in the arguments of this case, such as the oral argument of this case.