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(영문) 수원지방법원 성남지원 2015.07.03 2015고단433
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

On May 14, 2015, around 14:20 on May 14, 2015, the Defendant: (a) prevented the victim E (23 years of age) from entering a restaurant in Seongbuk-si, Sungnam-si; (b) expressed the attitude that the victim’s bodily harm was inflicted on the victim, such as excessive (19cm in length, 9cm in length, 9cm in length, and 9cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of excessive photographic statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] where the degree of mitigation area (4 to 1 year), mitigation area (4 to 1 year) / [1,4 and 5] / The decision of sentence] one year (including the fact that the degree of damage is not significant, contrary to the fact that the degree of damage is not significant, as well as the fact that the defendant's age, character and behavior, occupation, living environment, motive, means and result of the crime, and all other circumstances that form the conditions for sentencing, such as the circumstances after the crime, etc.

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