beta
(영문) 의정부지방법원 2015.08.25 2015고단2458

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On January 27, 2015, the Defendant sentenced six months to imprisonment for a violation of the Punishment of Violences, etc. Act (joint assault) at the Jung-gu District Court, and completed the execution of the sentence in the medical prison on March 23, 2015.

【Criminal Facts】 The Defendant is a person who was living in the family of the victim D(the age of 48) in his/her own Government.

On June 23, 2015, at around 09:00, the Defendant opened a window of the said victim’s house and got in the said room “I go back due to a person who was in front of the said victim’s house,” followed the victim’s voice, followed by the brick, which is a dangerous object, and led the victim to a threat to the victim’s head and the window, as if he were in front of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site and photographs of damage;

1. Previous convictions: Application of criminal records and investigation reports (limited to rulings related to repeated crimes of suspects, etc.);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] and the scope of mitigation (4-1 year), the area of mitigation (4-4-1 year), the area of mitigation (4-4-1 year) [special mitigation] of punishment [the defendant] was already subject to criminal punishment several times, and the defendant was also subject to heavy punishment including punishment.

However, violence caused by drinking is not limited but continued, and it is limited to the favor of the defendant.

The instant case also has to punish the Defendant, who was punished on the top of the extension of such criminal tendency, and thus, should be punished. Such consideration may not be given given that there are favorable circumstances, such as the victim and the victim did not want the punishment of the Defendant, and the confession and opposition of the Defendant to the instant crime.