(영문) 수원지방법원 2014.04.16 2013고단7028

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자간(%)

(영문) 수원지방법원 2014.04.16 2013고단7028

모욕등

Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

At around 00:10 on November 16, 2013, the Defendant placed the transition (23cm, 13cm in total length: : 13cm) that is a dangerous object on the right side of the victim on the ground that the victim did not pay management expenses, and carried a dangerous object that could be used for violence by finding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 7 of the Act on the Punishment of Violences, etc. for Criminal Facts and the Selection of Punishment of Violences, etc.;

1. Article 62 (1) of the Criminal Act (see the grounds for suspended sentence);

1. As the crime is not good in light of the fact that there are three times fines by an act of violence in the course of sentencing as prescribed in Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”) and the fact that there are three times fines by an act of violence in the course of sentencing, while carrying a knife and having the power of being punished by intimidation (two months of imprisonment with prison labor and two years of suspended execution), the execution of the sentence shall be suspended by taking into consideration the circumstances favorable to the fact that the defendant committed a crime by carrying a dangerous object that is likely to be commonly used in the act of violence and finding the victim.

Public Prosecution Rejection Parts

1. Around 00:10 on November 16, 2013, the summary of the facts charged is as follows: (a) the Defendant was found at the home of the victim E (the age of 26) residing in Suwon-si, Suwon-si, Suwon-si, and then the victim did not pay the management expenses; (b) the victim did not pay the management expenses; and (c) the Defendant was “if he was aware of the weather and the management expenses, he must immediately open the port where he would be given.”

2. The facts charged in this part of the judgment are crimes falling under Article 311 of the Criminal Act, and can be prosecuted only upon a victim’s complaint pursuant to Article 312(1) of the same Act. According to the records of this case, the following facts are examined:

참조조문

-폭력행위 등 처벌에 관한 법률 제7조

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