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(영문) 전주지방법원 2015.11.27 2015고단1372
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:50 on June 8, 2015, the Defendant: (a) 16:50 on the back of the Defendant’s dwelling place located in the Jeonju-gun, Jeonju-gun, and (b) knished the knicker of D, thereby causing the Defendant’s damage to the Defendant; (c) knick of D, knicking the sound, knick of D, and knick of the sound; and (d) knick of D, knick of the Victim E (55 years old) and knick of the Victim, which are dangerous things in the kitchen, and knick of the Victim, knick of D, knick of the Victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Seizure records;

1. Application of the Acts and subordinate statutes to the knives and photographs;

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

2. Article 62 (1) of the Criminal Act (The following consideration given to the defendant in favor of the sentencing).

3. 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 nine years; and

2. Reduction elements (including serious efforts to recover damage) of types 4 (Habitual, Cumulative, and Intimidation) (Special Intimidation): Reduction elements according to the sentencing guidelines: Determination on the area of mitigation [Determination on the area of recommendation] Reduction (general person] and reduction elements: Serious reflect (the scope of recommendation) imprisonment for 4 months to 1 year.

3. The crime of this case, which was determined by sentence, is disadvantageous to the defendant, due to the Defendant’s threat of the victim in knife, and the nature and circumstances of the crime are not less weak.

However, the defendant's mistake is against his own mistake while committing the crime of this case, the defendant does not want punishment against the defendant by mutual consent with the victim, and the defendant does not have any criminal record exceeding the fine, and other circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, and the crime of this case.

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