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(영문) 서울북부지방법원 2015.05.26 2015고단779
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six 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 September 6, 2014, at around 01:20, the Defendant: (a) brought an injury or disease, which is a dangerous object cited by his hand on the ground that the victim E (20 years of age) was smoking tobacco around D convenience stores located in Jung-gu Seoul Metropolitan Government C, and committed assault against the victim by taking the victim’s face twice by cutting the victim’s disease onto the floor and threatening the victim to threaten the victim, and by drinking the victim’s defect in reporting to the police.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes on photographs and original records records;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles), and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

1. Of concurrent crimes, the punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment provided for in the Punishment of Violences, etc. Act for the violation of the Punishment of Violences, etc. due to the

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 [Scope of Recommendation] and the scope of the final sentence due to the aggravation of punishment for the crimes falling under Category 4 (Habitual Cumulative Offense, Habitual Intimidation), the mitigation area (4-1 year), the mitigation area (4-1 year), the exemption area (1-8 months), the mitigation area (1-8 months), the mitigation area (1-8 months), the mitigation area of punishment for the crimes falling under Category 1 (general violence), the mitigation area (1-8 months): April 4 to April;

2. The Defendant, who was sentenced to a sentence, committed a crime of the same or similar kind and committed a fine twice and 2007, had a record of criminal punishment under the suspension of the execution of imprisonment (2007), citing dangerous soldiers and by intimidation, is disadvantageous to the Defendant.

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