logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.03.22 2015고합548
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2015, the Defendant: (a) was placed in the front of the Suwon-si flooded Zone C on September 13:35, 2015, and the Victim D (37 Does) and as a parking problem, and the Defendant was not in the front of the Suwon-si flooded Zone C.

"I wish to die", which means "I wish to die."

The term “Woo” and the Defendant Handed back a dangerous object, which was kept in a tamp between the two vehicles (42 cm in total length, approximately 20 cm in length on the day) and led the victim.

Accordingly, the defendant carried a protected object, thereby threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment for the sentencing guidelines [the types of decisions] : The group of violent crimes, intimidation, and Type 4 (Special Intimidation) (Special Intimidation): Where the victim also is fully responsible for the occurrence of crimes (the decision in the sphere of recommendation] mitigated area [the scope of the recommended punishment] mitigated area [the scope of the recommended punishment] 4 months to 1 year.

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the defendant thought that his own vehicle should be parked on the road in front of his own house, and that the victim would not be deducted from his vehicle after being placed under guard on the ground that the victim parked his vehicle; and

In order to protect the victim by threatening the victim with defects and improvement, the victim should be deducted.

However, even before one's house, the right to park on the road can not be recognized, and the above act could have led to a big accident, and the nature of the crime is not weak.

In addition, the defendant is responsible for the victim's fault during the trial of this case and is a matter of the legal system on parking.

arrow