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(영문) 수원지방법원 평택지원 2015.04.16 2014고단1904
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

Around November 12, 2014, the Defendant and the victim C (V, 53 years old) were in South Korea, with regard to the Defendant’s drinking-free relationship with the mother of the Victim and the Victim C (V, 53 years old). As to the Defendant’s drinking-free movement to the Victim’s house, the Defendant, at around 00:30 on November 13, 2014, her mother was raising to the Victim’s house with Pyeongtaek-si D and 105 Dong 105, the Defendant, who was under the influence of alcohol, divided the first race into the Victim’s house, stating that the Defendant “at least 00:30 on November 13, 2014, the Defendant was the victim’s house, but the Defendant did not open the door, but did not walk with the deadly weapons (the blade’s length, total length, 20c meters, 29.5cm) and the victim’s body.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photographs, records of seizure and the list of seizure;

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. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. For the purposes of confiscation and confiscation under Article 48 (1) 1 of the Criminal Act, conditions favorable to the reasons for sentencing: The serious reflectivity and unfavorable circumstances of a person who is not subject to punishment: Scope of recommended sentences on the basis of the sentencing criteria for the same kind of crime and the poor quality of the crime: From April to one year (not subject to punishment); and

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