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(영문) 수원지방법원 안산지원 2015.09.02 2015고단1438
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 03:50 on April 1, 2015, the Defendant: (a) at the Defendant’s house located in broad name C, 501; (b) at the Defendant’s house located in broad name C, 501; (c) from female friendly arrest victims D, the “Her” was faced with the victim’s face; and (d) the Defendant’s house (25cm in total length, 15cm in length on the day); and (c) the Defendant’s house (15cm in length) threatened the victim to “picker”.

In addition, the victim concealed the above virtual phone and attempted to make a telephone call with a mobile phone, and the defendant took the cell phone of the victim.

Then, when the victim tried to make a cell phone call of the defendant, the defendant committed assault, such as bucking twice at the left side of the victim's cell phone in order to take the cell phone, bucking off the head, etc.

Accordingly, the defendant carried a dangerous article, threatened the victim, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. D's legal statement;

1. Photographs of damaged parts;

1. The defendant and his defense counsel asserted that they did not intimidation the victim as "the dead and dead," while according to the victim's consistent statement in the investigative agency and court, the victim's investigative agency and the court can sufficiently recognize that he threatened the victim as stated in the facts constituting the crime in the judgment.

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The second crime that has no basic area (6 to one year and six months) (6 months) of the basic area (6 to one year and six months) within the scope of recommendations.

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