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(영문) 서울북부지방법원 2016.01.12 2015고단1186

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 08:50 on January 4, 2015, the Defendant: (a) directed the Defendant of drinking alcohol at the residence of the victim D(45) of Dobong-gu Seoul Metropolitan Government and 201, the Defendant: (b) threatened the Defendant with a knife knife (19cm length, 30cm in total length) which is a dangerous object in the kitchen; (c) and (d) with a knife (19cm length, 30cm in total length) which is a dangerous object in the kitchen; and (d) threatened the Defendant with a knife and knife with a knife and shoulder so that the knife may lead the lower part of the knife; and (d) threatening

“Intimidating” the term “.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police for E;

1. Application of the police seizure protocol statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] / [the scope of punishment / [the scope of punishment ] 4 types of intimidation crimes (Habitual, repeated, repeated, special intimidation) [the person who is subject to special mitigation] / [the decision of sentence] / The crime of this case is a defendant's threat of victim in a knife, and the nature of the crime and the circumstances of the crime are not easy, and the defendant's past records of punishment (one time of suspended sentence and four times of fine) are disadvantageous to the defendant.

However, it appears that the defendant has an opportunity to reflect on the defendant's detention for a considerable period of time, after agreement with the victim, the victim does not want the punishment against the defendant, actual damage is not significant, and the victim is the living together of the defendant, etc., circumstances favorable to the defendant, such as the defendant's age, sex, criminal conduct, environment, motive, means, method and consequence of the crime of this case, and all the sentencing conditions shown in the records and theories of this case, including the circumstances before and after the crime, etc., shall be determined as ordered by taking into account all the factors of punishment