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(영문) 수원지방법원 2014.12.17 2014고단6287
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Reasons

Punishment of the crime

On November 2, 2014, from around 13:00 to 15:30, the Defendant: (a) took over the victim’s bridge 402 in Suwon-si, Suwon-si, Suwon-si, and the victim D, who repaid his debt in lieu of E, repaid his debt; and (b) took over the victim’s bridge, shoulder, part of the victim who was seated in the table 9cm with excessive (blade length) ; (c) took over the victim’s bridge, shoulder, part of the shoulder; and (d) took over the victim’s neck with the victim’s face while saving the victim’s neck, the Defendant took over two blades (16.5 cm in length on each day, 17.5 cm in each blade, and 17.5 cm in each blade); and (d) took over the victim’s face. The Defendant took over the part behind the victim’s water. The Defendant took part of the victim’s body.

Then, at around 15:35 on the same day, the defendant got out of the victim's cell phone and escaped, making the above excessive and food knife while driving away the victim.

In this way, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. Each photograph (Evidence List 8-1, 12) of the Defendant’s assertion is alleged to the effect that the Defendant was in a mental and physical state under the influence of alcohol at the time of the instant crime. However, in light of the background leading to the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, etc., the Defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time of the instant

Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act by comprehensively taking account of the relevant provisions concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Categories of Crimes] types 4 of violent crime groups - Special intimidation (special intimidation) mitigated elements.

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