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(영문) 수원지방법원 평택지원 2014.12.18 2014고단1577
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Around 21:40 on September 25, 2014, the Defendant violated the Punishment of Violences, etc. Act (a person committing a crime) carried the knife blade, which is a dangerous object that was at the Defendant’s house, in front of the D convenience store located in Pyeongtaek-si C, and carried the knife, which is a dangerous object that could be used as an act of violence, by cutting away the knife from the knife.

2. Around September 25, 2014, around 21:45, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) expressed the knife, which is a dangerous object, at the D convenience store operated by the victim E (the age of 33) in Pyeongtaek-si C, to the victim in the future, and threatened the victim by stating that “the victim was not calculated. It is better, rather than the internal food, the age of which is lower than that of the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the statutes governing seizure records, seizure lists, CCTV photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 7 of the Punishment of Violences, etc. Act (the occupation of carrying a deadly weapon and the choice of imprisonment);

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. There are circumstances where the reason for sentencing under Article 62(1) of the Criminal Act is not good. However, the punishment as ordered is determined by taking into account the following factors: (a) the confession of the defendant while committing the crime; (b) the defendant is repented in the course of committing the crime; (c) the victim and the victim have agreed smoothly; (d) there is no other penalty force other than the one-time fine; (e) the defendant’s family and branch members want to keep the defendant’s preference against the defendant; (e) the defendant’s age

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