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(영문) 수원지방법원 안산지원 2015.04.10 2015고단81

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:00 on October 3, 2014, the Defendant: (a) laid the victim’s satatat in front of the victim C’s house located in Ansan-gu, Sinsan-si B, with the Defendant fating the Defendant from the wall fat to fat as water; (b) putting the victim’s fat into a chemical or fence; and (c) putting the victim’s fat, which is a dangerous object at the house, and putting the victim’s fat to fat, and made the victim’s fat, thereby threateninging the victim two times the above fat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The circumstances favorable to the reasons for sentencing under Article 48 (1) 1 of the Criminal Act: The fact that there is no previous violation: The defendant's motive and background leading up to the crime of this case, circumstances before and after the crime of this case, age, character and conduct, environment, etc.;