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(영문) 수원지방법원 2015.06.10 2014고단5811

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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

The defendant was living in Suwon-si C Victim D (M, 67 years old) located in Suwon-si at 401 Embl.

At around 07:20 on October 8, 2014, the Defendant cited the transition (19cm in total length and 9cm in total length) which is a dangerous object in the room where the victim was requested to leave on the ground that the value of the 4th floor above EM was maintained by the victim, and took the bath to the victim, and threatened the victim with the threat of the victim as the victim was early.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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

1. Scope of applicable sentences under law: Six months to fifteen years; and

2. The scope of the recommended sentence for the sentencing guidelines [decision of types] the scope of the recommended sentence for the sentencing guidelines, and the scope of the recommended sentence] the basic area of violent crime group-special intimidation (determination of the recommended area and the scope of the recommended sentence] (two months to one year and six months): None of

3. The decision-making of sentence and the degree of intimidation, etc. of the accused shall be made in the same manner as the decision-making within the scope of recommendations;