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(영문) 수원지방법원 안산지원 2015.10.30 2015고단2349
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

At around 00:45 on July 17, 2015, the Defendant, at least five (5) days prior to the above date, destroyed the victim B’s property and subsequently compensated for repair costs. The Defendant, at the time of Ansan-si operated by the victim B, knifed the knife (41cm in total length, 27cm in daily length) of the knife, which is an object dangerous by finding D key points located in Egrake-gu, Ansan-si, Ansan-si. operated by the victim B, and knifed on the tables installed in the test. The Defendant: (a) discovered the said victim; (b) extracted the knife the knife and knife the knife to the said victim; and (c) threatened the knife with the knife.

On the other hand, the Defendant continuously extracted the victim E from the above victim’s request for help, namely, “the governance or governance, the death, and the death,” and extracted the above knife knife on the tables, thereby threatening the victim.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. E statements;

1. 112. Date of report;

1. On-site photographs;

1. Records of seizure and the list of seizure;

1. Application of CCTV analysis photographs statutes;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Where the scope of the advisory sentence is limited to crimes No. 1 (Scope of Recommendation) and the scope of punishment (including serious efforts to recover damage) and the area of mitigation (4 to 1 year), the area of mitigation (4 to 4 months), the area of punishment (including serious efforts to recover damage), the area of mitigation (4 to 1 year), the area of mitigation (4 to 1 year), or considerable damage (including special efforts to recover damage) of the area of mitigation (4 to 1 year), or the area of mitigation (4 to 4 months and 1 year), the area of mitigation (4 to 4 months and 16 months; the scope of final sentence due to the aggravation of multiple crimes: 4 to 16 months;

2. Determination of sentence shall be against each other.

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