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(영문) 수원지방법원 2015.09.21 2015고단3061

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six 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. At around 23:10 on April 2, 2015, the Defendant: (a) committed assault against the victim by having the victim E (the age of 37) who is a partner of D opened the door door and read as “if he would d's snow?” in order to avoid disturbance and receive delivery food, on the ground that he or she was satisfing in the front corridor of the area C and D’s house located in the area of Suwon-si, Suwon-si, Suwon-si; and (b) in order to avoid the disturbance and to receive delivery food, he or she was satisfing twice the victim’s left chest due to his finger.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) and at the same time and at the place specified in paragraph (1) as above, threatened the victim by stating, “In order to confirm the situation where the victim D (Taking, 39 years of age) was suffering from disturbance, the Defendant was able to take an external hand of the front door with the left hand, without holding a knife (total length of 33 cm, 21 cm in length) that is dangerous for him/her to have a knife a knife (total length of 33 cm, knife, and knife).”

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of E and D;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act that applies to a crime, the choice of a punishment, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the point of intimidation to carry a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1) of the Confiscation Criminal Act) / [the scope of recommending punishment] / [the scope of recommending punishment] / The scope of final sentencing according to multiple aggravated crimes, which are the basic sphere of crimes of category 1 (general violence between February and October) (the scope of recommending punishment] : The decision of sentencing between June and November 11 is made by the defendant under the influence of alcohol to assault the victims and threaten them in a knife which is a dangerous article.