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(영문) 수원지방법원 2015.07.15 2015고단2342
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 16, 2014, the Defendant was sentenced by the Suwon District Court to imprisonment with labor for the crime of interference with business, etc. and completed the execution of the sentence in the Suwon Detention House on December 19, 2012.

Around 00:45 on May 21, 2015, the Defendant stated that the victim E (the age of 25) was stopped in front of the D Cosmetics in Suwon-si C, Suwon-si, and that, during the course of the road, the Defendant used the knife knife (the total length of 33cm, the knife length of 21cm) and the knife (the length of 18cc, the knife length of 10cc) that the knife knife (the length of 18cc, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant carried a knife and excessive knife, a dangerous object, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. The police seizure record and the list of seizure;

1. A report on investigation (victim's black and video data);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (pre-offenders and confirmations) and 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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the victim who was driving a motor vehicle while driving a motor vehicle using a knife and excessive knife, which is a dangerous object, has been punished by imprisonment for committing an act of violence and threat by carrying dangerous articles, and the execution of the sentence is completed during the repeated crime period, and without any special reason, threatens and threatens the victim to commit the crime. Although the victim was threatened only by intimidation, it seems that the mental impulse suffered by the victim is reasonable, the defendant is present.

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