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(영문) 서울서부지방법원 2014.09.24 2014고단1638
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 13, 2014, at around 16:55, the Defendant carried a dangerous object and threatened the victim B (V, 32 years of age) (V, 21.5cm in total length, 21.5cm in length, 12cm in length), which was a dangerous object, without any reason under the influence of alcohol, with the Defendant’s attitude of causing harm and injury to the victim’s body. The Defendant threatened the victim B (V, 32 years of age) (V, 21.5cm in total length, 12cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of the records of seizure, the list of seizure and photographs thereof to 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. Article 62-2 (1) of the Criminal Act on Probation;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the scope of recommendation] is that there is a need for strict punishment in light of the following: (a) type 1 (general intimidation) and the aggravation area (4 to 1 year and 6) [a] group or multiple force; (b) the defendant committed a crime by carrying a deadly weapon and carrying a deadly weapon and carrying a deadly weapon and carrying a deadly weapon and carrying a deadly weapon; and (c) the defendant has many violences.

However, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, such as the defendant's confession of a crime, the fact that the defendant has no criminal record of the same kind exceeding the fine, and the defendant's age, character and conduct, environment, motive and method of the crime, and circumstances after the crime.

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