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(영문) 수원지방법원 평택지원 2015.06.19 2014고단1919
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 02:00 on October 19, 2014, the Defendant, at the house of Pyeongtaek-si apartment, 31 years of age, she was in drinking together with the victim on the ground that the victim had contact with another male. At the house of the victim D (the 31cm in total length, 19cm in a knife) a kitchen, which is a deadly weapon in the scam, was in the scam, in the scam, intimidation the victim. At the same time, the Defendant continued to blick at the inside of the room, she was flick, she was flicked with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The basic area of crimes under types 4 (Habitual, Cumulative, and Special Intimidation) [Determination of Sentence] (6 months to 1 year and 6 months] of the basic area of crimes, and the method of crimes are very dangerous in light of the contents of crimes. However, despite the poor nature of crimes in light of the contents of crimes, the defendant's recognition of the facts charged in this case, reflects his mistake, and does not repeat again, the defendant seems to have committed a crime under the influence of alcohol, the agreement is deemed to have been reached with the victim, the defendant has no record of punishment by mistake, and other circumstances shown in the records, such as the defendant's age, character

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