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(영문) 수원지방법원 안산지원 2015.07.15 2015고단1371

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

At around 02:15 on May 5, 2015, the Defendant, at the front side of the Masan-gu, Ansan-si, at the time of drinking, brought the Victim C's neck, and brought the Victim C's neck, which is a dangerous thing by entering the Defendant's house located in Ansan-gu, Ansan-si, to obtain back water from the victim and to threaten the victim.

On May 5, 2015, around 02:18, the Defendant entered the FPC room E in Ansan-si, Ansan-si, and sent the same attitude that the Defendant would inflict any harm on the victim by getting the victim back the FPC holder once.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the respective Acts and subordinate statutes of G and H

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The reason for sentencing under Article 62-2 of the Criminal Act / Where a person commits a crime by the threat of an organization or a large number of people (excluding the case where special intimidation is applied) or by carrying a deadly weapon or other dangerous articles (excluding the case where special intimidation is applied) / [the decision of sentence] is contrary to favorable circumstances: The fact that the victim does not want punishment; the fact that the victim has threatened the victim by using kis which are dangerous things: The defendant's age, character and behavior, environment, the background of the crime of this case, circumstances after the crime, etc.;