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(영문) 울산지방법원 2015.02.12 2014고단3999

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 01:30 on August 2, 2014, the Defendant observed that the victim E (18), victim F (19 years of age), victim H (19 years of age), and victim I (18 years of age) talk together with drinking in the above D Middle School playground, and went to a big lusium, and went to the victims of the incident, and continued to go to do so in the vicinity of the victim's dwelling in the vicinity of the victim's dwelling by using a knife type (32 cm in length, about 20 cm in length, about 13 cm in length, about 13 cm in length, and about 13 cm in length), and knife in the direction of the victims, and returned to the victims of the above knife, the victim's knife and the victim's knife, the victim's knife and the victim's knife, the victim's knife's k and the victim's k.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each statement of E, F, G, and H;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure and the photograph of criminal implements;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 283 (1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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 for forfeiture [the scope of recommendation] The basic area (6 to 1.6 months) of types 4 (a repeated crime, special intimidation) (a decision of sentence] of the Criminal Act (a decision of a sentence), which is used a lethal weapon to threaten and attack victims, etc., but is not easy to commit a crime, such as threatening them with a deadly weapon, but is recognized as a mistake and against it, the fact that there is no criminal history, and the defendant's age, character and behavior.