logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.09.16 2015고단2027
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

around May 29, 2015, the Defendant took a knife knife ( approximately 32 cm in total length, approximately 21 cm in a knife) which is a dangerous object prepared and possessed by the victim D (the knife) (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of CCTV-cape Acts and subordinate 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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences by law: Six months to fifteen years; and

2. The application of the sentencing criteria (as of May 15, 2015, the scope of recommending punishment) (the scope of recommending punishment) is without the basic area (six months to one year and six months) of the crime of intimidation (Habitual, Habitual, Special Intimidation).

3. Although the nature of the crime in this case where the Defendant’s decision on sentencing threatens a person in knife, the Defendant did not actually harm the victim, but committed the crime to put him in prison in life with the aim of committing the crime. The Defendant faithfully lives without any particular power for a considerable period of time, and the risk of recidivism does not seem to be significant even in light of the circumstances of the crime in this case.

arrow