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(영문) 인천지방법원 2014.08.20 2014고단4290
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

On May 19, 2014, at around 23:47, the Defendant collected the food blade ( approximately 30cm in length, approximately 20cm in blades), which is a deadly weapon, on the ground that the victim C (the 16-year age) has slicked with flicks in the Man-gu Incheon Metropolitan City, Yong-ro 4:5-24, Jincheon-gu, Incheon, and threatened the victim with the following knife by putting about the knife of the knife and knife the knife.

Accordingly, the Defendant, while carrying a deadly weapon, threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

1. Persons who are not subject to punishment in the area of mitigation (four months to one year) (special mitigation) (4 months to one year) of the sentencing guidelines, the scope of the recommended sentence [the scope of the recommended sentence] under the sentencing guidelines;

2. A suspended sentence shall be sentenced and the sentence shall be determined as ordered in consideration of the fact that the defendant who made the decision of sentence of this case leads to the confession and reflect of the crime of this case and that the victim does not want the punishment of the defendant, that there is no record of the suspended sentence or more severe punishment, the age, character and conduct, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.

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