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(영문) 수원지방법원 2014.09.04 2014고단4000
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

At around 15:50 on July 19, 2014, the Defendant: (a) dumpeded the victim C (53 years of age) while drunkly under the influence of alcohol in Suwon-si B method; and (b) dumped the victim C (12.5 meters in total length, 12.5 meters in the knife length) as a dangerous thing in the kitchen, without any justifiable reason, and threatened the victim’s clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [Scope of Recommendation] The sentence shall be determined as ordered in consideration of all the various sentencing conditions, including the following: (a) the mitigation area (4 months to 1 year), the mitigation area (including a person who has been specially mitigated), the exemption from punishment (including a serious effort to recover damage), or the recovery of considerable damage (the decision of a sentence] reflects the decision of a sentence; and (b) the fact that the victim agreed smoothly with the victim.

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