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(영문) 수원지방법원 안산지원 2013.07.24 2013고단656

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

At around 04:00 on January 11, 2013, the Defendant called the victim E (the age of 45) who is the wife in the Defendant’s residence, Dr. Dr. Dr., Dr., Dr., Dr., Dr., Dr., Dr., Dr., and Dr., Dr., Dr., and Dr., 45 years of age), from the Defendant’s residence, lost the fruit of his own drinking. The Defendant called “Dr. Br. Br. Br., Br., Br., Br., Br., Br., Br., Br., Ber., B

Then, the defendant brought the victim's son, who is his/her father, in his/her inner room, brought the door into his/her inner room, brought the door into his/her hand, and brought the victim's head into his/her inner room.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following grounds for sentencing):

3. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (Reexamination of the reasons for sentencing below).

4. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, Etc., the part dismissing the prosecution in consideration of the Defendant’s confession and reflect on the instant crime, the agreement with the victim, the fact that the victim did not have any particular address, and other circumstances leading to the instant crime, family environment, etc.

1. The summary of the facts charged is as follows: (a) the Defendant reported the victim C (the age of 23) to the police that there was an act of violence, such as the facts indicated in the judgment of the police; and (b) the Defendant reported the victim C (the age of 23) at the same time and place as the facts indicated in the judgment of the police; (c) there is no need to report the omission to the police; and (d) he reported the omission; and (c) taken tobacco and spans toward the victim; and (d) brought the victim into her hand.