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(영문) 의정부지방법원 고양지원 2014.11.13 2014고단1270
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

At around 19:15 on 24, 2014, the Defendant threatened the victim C (manam, 60 years of age) who delivered the Chinese food to Goyang-gu B01 prior to the Goyang-gu Mayang-gu B01, and the issue of calculating the food value, the Defendant expressed that the Defendant, under the influence of alcohol, expressed the victim’s desire to “the opening,” and made the victim’s resistance, thereby threatening the victim to “the opening,” which is a dangerous thing in the main room, and the kitchen knife (total length: 32 cm, 21 cm) which is a dangerous thing in the main room.”

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement concerning C;

3. Application of Acts and subordinate statutes to photographs of criminal implements;

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;

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

3. It is an element of sentencing unfavorable to the Defendant, in light of the following: (a) the nature of the crime is very bad if it is noted that the Defendant had been punished as a crime of violence on the grounds of sentencing under Article 62(1) of the Criminal Act; and (b) the Defendant

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant both recognized the facts charged in this case and reflected, the fact that the victim does not want the punishment against the defendant by mutual consent with the victim, and support the mixed children.

Furthermore, the sentencing guidelines, including the Defendant’s age, character and conduct, environment, and criminal record, were taken into account equally, and also referenced to “colatorial crime sentencing guidelines” prepared by the Sentencing Committee.

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