(영문) 의정부지방법원 2016.12.23 2015고단2016

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.12.23 2015고단2016

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

The evidence seized by the defendant shall be confiscated as prescribed in subparagraph 1.

Reasons

Punishment of the crime

At around 02:40 on May 3, 2015, the Defendant drinked “C” at the main point of the trade name “C,” located in the B 3rd floor at Speaker-si, Madro B, and performed drinking with the victim D (23 years of age) who is a fluor, and fluored from the victim the horses “I take the same fluor at home, so only that I want to do so.” However, the Defendant brought the multiple-use blade (10cm in total length, 4cm in blade length) which is a dangerous object, into the part of the victim.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Police seizure records;

1. A criminal investigation report (CCTV investigation), a criminal investigation report (the seizure of a criminal motion picture and the victim's counter-investigation), a criminal investigation report (the investigation into a file), and a criminal investigation report (the attachment of a video CD at a criminal scene);

1. Application of statutes on field photographs;

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

1. The reason for sentencing of Article 48(1) of the Confiscation Criminal Act [Scope of Recommendation] There is no person who has no basic area (6 to one year and six months) (6 months) of the fourth category of the crime (Habitual, Habitual, Intimidation) [decision of sentence] The crime of this case requires a strict punishment of the defendant in light of the following: (a) the crime of this case is that the defendant threatened the victim in multiple-use knife; (b) the method of the crime was very dangerous; (c) the defendant received a letter from the victim or did not have agreed to do so; and (d) the defendant has already been punished for the crime related to violence.

However, the punishment shall be determined as ordered in consideration of all the circumstances, such as the defendant's confession of the crime of this case at an investigative agency, the fact that the defendant has no record of punishment exceeding a fine, and the age, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, etc.

참조조문

-형법 제48조 제1항

-형법 제283조 제1항

-형법 제284조

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