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(영문) 수원지방법원 2016.07.28 2015고단4192
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

"2015 Highest 4192"

1. At around 03:40 on July 7, 2015, the Defendant: (a) was seated in the tables in front of the D convenience store located in Osan-si, C; (b) caused the Defendant to go back without obtaining the Defendant’s consent; and (c) caused the victim E (V, 37 years old) who was seated in the tables on the side; and (d) caused the Defendant to go up with a view to trial, the Defendant was able to take the kitchen knife, which is a dangerous object that was installed in front of the Defendant’s seal, and threatened the Defendant with a kitchen knife (a total length: about 30cm, and about 17cm: 17cm).

Accordingly, the defendant carried dangerous objects and threatened the victim.

"2016 Highest 3125"

2. The Defendant and the Victim F are as between the Defendant and the Victim F, which came to know while joining the same company.

The Defendant, at around 19:00 on April 19, 2016, 58,000 won in cash owned by the victim under the wall of the victim, who was posted TV at the victim’s house located in the Sinsan-si G 201 of Gyeonggi-do, in the face of the victim, who was posted on the shower room, entered the shower room.

In other words, they stolen them.

Summary of Evidence

[2015 Highest 4192]

1. Statement by the defendant in court;

1. Each police statement made to E, H and I;

1. Photographs (2016 Height 3125);

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 329 (a) of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of the special intimidation of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is disadvantageous to the Defendant, in light of the risk and attitude of the crime, by taking the kitchen knife, which is a dangerous thing between the victim and the Si, and the nature of the crime is not good in light of the risk and attitude of the crime. The Defendant has a record of punishing the Defendant one time a fine by the larceny crime, and the fact that the Defendant was unable to agree with the victims.

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