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(영문) 수원지방법원 2014.10.31 2014고단3882
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On May 2, 2014, around 06:34, the Defendant: (a) used a hack pipe (freshing a iron string and 1m m in length) fresh, which is a dangerous object in the D convenience store in Young-gu, Suwon-si, Suwon-si; and (b) placed the hack pipe on the hacker E; (c) said that the hacker was the hacker, and the hacker was the hacker, and the hacker was the hacker, bre the hacker’s face toward the victim’s face, and (d) expressed the attitude that the hacker would cause any harm to the body of the victim without the victim’s demand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning photographic images;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] and the basic area (6 months to 1 year and 6 months) of types 4 (Habitual Cumulative Offense and Intimidation) (the decision of sentence] of the Criminal Act: the crime of this case committed by the defendant in June 196 with dangerous articles against the female employees aged at the convenience store is bad, and the crime of this case committed is not sufficient to the extent that he did not receive a letter from the victim.

The defendant has been punished several times for violent crimes, and has committed the crime of this case without being aware of the fact that he was under the suspension of the execution of imprisonment, and the statutory penalty of this case is provided for only imprisonment. Therefore, the sentence of imprisonment for a certain period of time against the defendant is inevitable.

However, considering the favorable circumstances of the defendant's reflection, the punishment was determined by considering the defendant's age, character and behavior, environment, and circumstances after the crime.

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