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(영문) 수원지방법원 안산지원 2015.05.19 2015고단625
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 12:53 on March 3, 2015, the Defendant threatened the victim by taking the kitchen knife, which was a deadly weapon in possession of the victim, with a view to the problem of the defect repair of boiler installation, at the “C” office located in Stitu City B, which was an issue of the same day, and by taking the kitchen knife (21cm in the knife length) into the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of the provisions of Acts and subordinate statutes to kitchen photographs;

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. 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 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] : The sentencing conditions under Article 51 of the Criminal Act are all taken into account, such as the following factors: (a) the subject matter of the instant crime is not easy; (b) the favorable circumstances such as the fact that the case of the instant crime is not easy; (c) the fact that the case is not agreed upon; (d) the fact that the case is a contingent crime; (d) there is no criminal conviction beyond the same criminal record and fine; and (e) the family situation of the Defendant and other factors of sentencing under Article 51 of the Criminal Act.

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