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(영문) 수원지방법원 2014.11.12 2014고단5239
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

At around 08:00 on September 25, 2014, the Defendant stated that “the Defendant would die” with the victim’s face, on the ground that: (a) the victim D’s house located in Suwon-si C, Suwon-si, Suwon-si, and (b) the Defendant was living together, and the victim went to and leaves the house; (c) and (d) the Defendant was able to take a kitchen knife in the kitchen 20cm in which he was living; and (d) the Defendant said that he would die with the victim’s face.

In this way, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Type of Crimes] Sentencing 4 of the Act on the Suspension of Execution - Special Intimidation (Special Convicts) - mitigated elements of punishment [the scope of the area and recommendation] - mitigated areas of imprisonment [the scope of the area and recommendation] - one year of imprisonment [the decision of sentence] from six months to one year of imprisonment [the decision of a sentence] - 2 years of the suspended execution of six months - The above sentencing factors and the defendant recognized their mistake - The defendant had the same criminal conviction but there is no criminal conviction exceeding the fine.

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