(영문) 수원지방법원 성남지원 2015.08.28 2015고단807

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줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2015.08.28 2015고단807

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 (one excess) shall be confiscated.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. All on-site photographs;

1. Investigation report (No. 28 of the evidence list);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Article 7 of the relevant Act on the Punishment of Violences, etc., the Punishment of Violences, etc. Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 36 of the Criminal Act, Article 26 of the Criminal Act, Article 260 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of the recommended sentence is not less than 6 months of the final sentencing range due to the increase of multiple crimes not setting the sentencing criteria for each of the following crimes: The sentencing criteria is not applied since the crimes under the former part of Article 37 of the Criminal Act between the crimes set forth in the sentencing criteria and the unestablished crimes are concurrent crimes under the former part of Article 37 of the Criminal Act between the crimes set forth in the sentencing criteria and the unestablished crimes under the former part of Article 37 of the Criminal Act, and the lower limit is not applied. However, the lower limit is based on the lower limit set in the sentencing criteria.

2. Six months of imprisonment with prison labor for a decision of sentence (one month of the crimes in this case, including the circumstances leading to each of the crimes in this case, the degree of damage, the degree of reflection, and the fact that the existing suspension of execution is expected to be a long-term life, and all other circumstances constituting the conditions for sentencing, including the defendant's age, character and conduct, occupation, living environment, motive, means and consequence of the crime,

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

-폭력행위 등 처벌에 관한 법률 제7조