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(영문) 수원지방법원 2015.04.01 2015고단114
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 16, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) committed a crime against the victim D (years 57) and drinking in Suwon-si, Suwon-si, as if the Defendant were the victim and the Defendant were the victim under the influence of his age as if he were the victim and the Defendant were the victim.

At this time, the Defendant used the kitchen knife, which is a dangerous object, in a restaurant, and threatened the victim by getting the victim into the restaurant.

2. During the time and place specified in paragraph 1, the injured Defendant received the victim’s face from the victim on drinking at a time and place, the victim’s face was sent to the victim, and the number of days of treatment was an unexploded body room.

Summary of Evidence

1. Statement by the defendant in court;

1. The suspect interrogation protocol of the defendant or D with the police officer;

1. Application of Acts and subordinate statutes to report internal investigation (on-site conditions at the same time);

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 283 (1) of the Criminal Act; Article 257 (1) of the Criminal Act concerning facts constituting an offense; Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the crime of this case committed by the defendant with the reason of the suspended sentence is deemed to be in danger of threatening and injuring the victim, which is a dangerous object, and is considerable to the risk thereof, the defendant may have a record of punishment for the same kind of crime, which is disadvantageous circumstances, such as the fact that the defendant may have a record of punishment for the same crime, which is minor damage, and that the defendant agreed to do so with the victim, the defendant is in contravention of the defendant's recognition of his mistake, and there is no record of punishment for the same crime since 200.

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