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(영문) 서울동부지방법원 2014.07.07 2014고단663
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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 February 15, 2014, at around 21:30 on the street in Gwangjin-gu Seoul Special Metropolitan City, the Defendant threatened the victim with a knife knife, which is a dangerous object in possession of the victim's knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.).

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Statement made to D by the police;

1. Application of police seizure records and photographs of knife statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (to refer to the circumstances in which the reasons for sentencing are stated);

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the sentencing guidelines for violent crimes [the crime of violence, the six-months, the basic area of the crime, the six-months through 110 months] and the criteria for the suspension of execution [the crime committed by carrying a deadly weapon or other dangerous articles: there is no serious reflectivity, no effort to recover damage, and positive factors: there is no previous criminal record of the suspension of execution (the crime was committed in contingency, the crime committed in violation of the Punishment of Exposure, etc. Act in 1983 and the crime committed in 100,000 won as a fine was imposed for the same crime in 195)], the sentencing guidelines for violent crimes (the age of the defendant is old), and other various circumstances such as the defendant's age, character, behavior, career, environment as shown in the arguments of this case. It is decided as above the disposition of this case on the ground of the suspension of execution of execution of sentence as above.

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