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(영문) 서울동부지방법원 2014.12.18 2014고단3128

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 27, 2014, around 06:40 on September 27, 2014, the Defendant expressed a threat to any harm to the victim, such as: (a) kack kack kack kack, which is a dangerous object, in the D point of operation of the victim C (n, 63 years of age) located on the second floor of Songpa-gu Seoul Metropolitan Government, and (b) kack kack kack kack kack, which is a dangerous object, in the side of the female, and (c) sees kack kack kack s

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of sentence recommended by the sentencing guidelines (determination of types), violent crimes, intimidation (determination of the recommended area), the basic area [determination of the recommended area] [the scope of sentence of recommendation] June to June 1 and June;

2. In light of the fact that the defendant was punished for the same kind of crime, the risk of the method of the crime in this case, etc., the defendant should be punished strictly. However, the defendant is led to confession and reflect, there is no record of punishment exceeding the fine, the victim's serious result does not occur, and other circumstances revealed in the pleadings, such as the defendant's age, character and conduct, occupation, intelligence and environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., shall be comprehensively taken into account.