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(영문) 수원지방법원 평택지원 2015.05.08 2015고단144

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

At around 04:45 on January 11, 2015, the Defendant threatened the victim C (30 years of age) who was the ordinary-based social work personnel of Pyeongtaek-si with drinking alcohol in the 51 Pyeongtaek-si-ro 51, and smoking tobacco, with the Defendant’s control, with the Defendant’s control of the victim, on the ground that the victim C (30 years of age) was a dangerous object (42 cm in total length) he was in possession, and as the victim was her at the time, the Defendant told the victim to the effect that “I do not have a view that I want to cut if you come to force.”

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation record of seizure by the police;

1. Application of the photographic Acts and subordinate statutes;

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 sentencing guidelines [the sentencing guidelines for intimidations] for various circumstances and violent crimes (the type of crime No. 4 (Habitual, Cumulative, Cumulative, Special Intimidation) recorded in the records, such as the defendant's age, character and conduct, family environment, etc. shall be suspended at once taking into consideration the circumstances unfavorable to the defendant, the fact that the defendant did not recover from damage, etc., but the defendant acknowledged the facts charged in this case and reflects his mistake, the fact that the defendant committed a crime by drinking and contingently, the defendant did not have any history of punishment for the same kind of violent crime, and the defendant did not have any history of punishment for the same kind of violent crime, and other circumstances and violent crimes committed simultaneously.