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(영문) 인천지방법원 2015.04.17 2015고단912
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 3, 2014, at around 03:05, the Defendant discovered that the victim F (the age of 22) walked while driving a vehicle at the street in front of the entrance of the Namdong-gu Incheon apartment district D apartment, Seoul, while driving the vehicle, and subsequently drive the vehicle after driving the vehicle.

After the Defendant called “hamba Don-don's power,” the Defendant, by one hand, tried to drive the victim’s shoulder by raising his hand, and prevented the victim from being injured by another hand, and then, the Defendant dumpeded the knife, which was a deadly weapon (the length of 30 cm) possessed by the victim, to dump the victim’s side interest, thereby threatening the victim as “bruing” after dancing in the victim’s side interest.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes governing CCTV images of used vehicles;

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. Reasons for sentencing under Articles 52 (1) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Where the range of the recommended sentence on the sentencing guidelines [the range of the recommended sentence] is the category 6 (Habitual, Cumulative, Habitual, Special Violence) and the area of special mitigation (two to one year), the self-denunciation or internal accusation, the disposition not to punish (including the efforts to recover damage), or considerable damage has been recovered;

2. Determination of sentence: (a) the Defendant recognized the instant crime and reflects the fact that he/she voluntarily surrenders, surrenders himself/herself; (b) there is no record of a crime equal to or higher than the suspension of execution; (c) the fact that he/she agreed with the victim is favorable; and (d) the fact that he/she threatened the victim with a knife according to the new wall is very bad, considering the unfavorable circumstances; and (b) the punishment as ordered is determined by taking into account the Defendant’s age, character and conduct, environment, motive and circumstance

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