Text
Defendant
A Imprisonment with prison labor for six months and for four months, respectively.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
The Defendants, at around 02:06 on December 5, 2015, while drinking alcohol together at Defendant B’s house located in Hongsung-gun D, 120 Dong 504, Defendant B, who was the victim E (17 years of age) and the victim E, was the subject of the examination of the victim Party E (17 years of age). Defendant B, who was said to go through the phone of the victim, was able to enter the victim with “knife and Ra, knife and breath, and breath,” while entering the juvenile reformatory.
“.....”
피고인들은 같은 날 02:40 경 홍성군 홍 북면 신대로 34 롯데 캐슬 아파트 상가 앞 노상에서 피해자를 만 나 피고인 A은 미리 준비한 흉기인 부엌칼( 길이 31cm, 칼날 20cm) 을 꺼 내 보이며 “ 시 발 새끼, B 와 맞짱 까라 ”라고 하였고, 피고인 B는 피해자에게 “ 시 발 새끼야, 맞짱 까자 ”라고 말하면서 피해자에게 머리를 들이밀고 양손으로 피해자의 어깨를 밀치고, 피고인 A은 옆에서 오른손에 위 부엌칼을 들고 “ 건물 뒤로 가서 B랑 한번 싸워 봐라 ”라고 말하는 등 협박하였다.
Accordingly, the Defendants conspired to threaten the victim by carrying a deadly weapon.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made to E and F;
1. E statements;
1. The application of the 112 reported case treatment lists, seizure records, photographing pictures and photographs, investigation reports (net 12) Acts and subordinate statutes;
1. Relevant Articles 284, 283(1), and 30 of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 284, 283(1), and 30 of the Criminal Act and the choice of imprisonment
1. Defendant A: Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 (1) of the Juvenile Act, Article 62 (1) of the Criminal Act;
1. Defendant A who observe the protection and observation: The following conditions for sentencing under Article 62-2 of the Criminal Act are comprehensively taken into account: the Defendants’ age, sex, environment, record of the instant crime, and all the conditions for sentencing indicated in the records, such as the circumstances before and after the instant crime.
It is not agreed with the victim that it is against the mistake.