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(영문) 서울동부지방법원 2014.08.14 2014고단1132

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

On April 4, 2014, at around 06:50, the Defendant, at around 06:50, 101, Dong 605, Songpa-gu Seoul apartment B apartment 101 Dong 605, said, the Defendant, on the hand, her hand, had the victim’s left scambling at one time with the victim’s hand, and the kitchen knick (34.5cm in total length, 21cm in knife) which was a deadly weapon while in custody in the kitchen scam, was brupted by the victim’s scam, with the victim’s scam.

Accordingly, the defendant assaulted the victim and threatened him with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of police seizure records and list statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act concerning crimes;

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. Probation under Article 62-2 of the Criminal Act;

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

1. The scope of sentence recommended according to the sentencing guidelines (determination of types), violent crimes, (special intimidation) (determination of the recommended area) basic area [the scope of sentence for recommendation] six months to one year and six months [the scope of sentence for recommendation according to the guidelines for handling multiple crimes] June to one year and six months [the scope of sentence for recommendation according to the guidelines for handling multiple crimes];

2. Determination of sentence: (a) considering the risk of the method of crime in this case; and (b) the quality of the crime committed against the spouse before the victim’s child is viewed, the defendant should be punished strictly; (c) there is no record of criminal punishment against the defendant; (d) the defendant has been punished against the defendant; and (e) the defendant’s age, character, character, occupation, intelligence and environment; (e) the motive and background of the crime; (e) the means and method of the crime; and (e) other circumstances revealed in the pleadings, including circumstances after the crime, etc., the punishment as ordered