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(영문) 수원지방법원 2013.06.19 2013고단1400

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 April 2, 2013, at around 15:30 on April 15, 2013, at the defendant's house located in Suwon-gu C building 103 in Suwon-gu, Suwon-si, the defendant: D (17 years old); the victim's child-care victim's child-care victim; the victim's child-care victim's child-care victim's child-care victim's child-care victim's child-friendly E; the victim's child-care victim's child-care victim's horse after hearing and sparing the horses; the victim's knife (20cc in the knife length, 30cc in the total length) was placed on the floor; and then, the victim's victim's "

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the provisions of Acts and subordinate statutes to kitchen photographs;

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 punishment shall be determined by comprehensively taking account of the following facts: (a) the Defendant has no particular criminal history for sentencing under Article 62-2 of the Probation Criminal Act; (b) the Defendant has no intent to injure even at the time of the instant crime; and (c) the victim has not been punished; and (d) the Defendant and the victim have any similar dispute in the previous case; and (c) the dangerous weapons are knifeed for one year probation.

It is so decided as per Disposition for the above reasons.