beta
(영문) 춘천지방법원 속초지원 2014.10.15 2014고단324

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 19, 2014, around 00:50 on July 19, 2014, the Defendant asserted the disturbance with the Defendant’s consciousness in front of the “Dcafeteria” located in the Seocho-si City C market, and the victim E (the 27-year-year-old-old-old-

Accordingly, the Defendant collected knife knife knife knife, knife knife, knife knife knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of violence, deadly weapons, etc. and photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary of Reasons for Discretionary Mitigation);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Ten months of imprisonment with prison labor, two years of suspended sentence, and 80 hours of social service service, when the police officer was called out after having received a report on violence, and forced suppression by failing to comply with the police officer's restraint; circumstances favorable to the fact that criminal records of the same kind of fine are available to the victim: An agreement is reached with the victim; there is no criminal record after 200; and there is no criminal record of the victim's injury, etc.;