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(영문) 인천지방법원 2015.10.28 2015고단4197
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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.

Reasons

Punishment of the crime

On June 15, 2015, at around 22:10, the Defendant threatened the victim by taking the words “D” restaurant operated by the victim C (n, 47 years of age) in Bupyeong-gu, Incheon, with the words “D, so that he was drunk” from the victim, and by using the kitchen, which is a dangerous object brought about from the Defendant’s house, in his own hand, a kitchen (32 cm in total length, 20 cm in length) and in his own sound, “I will die and die.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] : (a) the mitigated area (4-month repeated crime, special intimidation) [Special Mitigation] (4-1 year), the mitigated area of punishment (including serious efforts to recover damage) or considerable damage; (b) one recognizes and reflects his/her mistake (decision of sentence ]; (c) the fact that the victim agreed with the victim on August 28, 2015 can be considered as favorable under favorable circumstances; and (d) the fact that the nature of the crime is not good in light of the following: (a) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (b) the circumstances after the instant crime, etc. shall be determined as ordered within the scope of the recommended sentence.

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