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(영문) 수원지방법원 2015.09.23 2015고단3241

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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

1. There has been disputes over the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) and noise issues involving the victim D (years 61) and noise issues.

On June 22, 2015, the Defendant cited Myeonk-kn (Chock 4.5cm in length, No. 1) that is a dangerous thing in the office of the victim in Suwon-gu E and 1st floor in Suwon-gu, Suwon-si, Suwon-si, Suwon-si on June 22, 2015, and sought a door to the door “the knick-knife knife knife knife knife knife knifes

2. On June 23, 2015, at the office of the victim as stated in Paragraph 1, the Defendant threatened the victim with the following voice: (a) on the ground that the victim reported the fact of intimidation as described in Paragraph 1 to the police, the Defendant: (b) “The victim shall be subject to a brush of the two sides hand, a brush, a brush, a brush, a brush, a brush, a brush, and a brush, a director.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. D's written statement;

1. Investigation report (attaching voice files, etc.);

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles), and Article 283 (1) of the Criminal Act (the point of intimidation and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Second crimes that have no basic area (6th month-1 and June) of the basic area (6th month) of intimidation (referring to the scope of recommendations) within the scope of recommendations according to the sentencing criteria (referring to April 1st and June). The aggravated area (referring to April 1st and June) of the general intimidation (referring to the scope of recommendations).