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(영문) 수원지방법원 안산지원 2015.04.01 2015고단42
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 12:40 on January 2, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) committed intimidation to the victim by putting the victim’s head debt against the defect that the victim attempted to take out of the above restaurant, while talking about the male who had ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever -

2. At around 14:00 on January 2, 2015, the Defendant, at the Defendant’s house located E and 203, received the notification of 112 of D in relation to the facts set forth in paragraph (1) at the Defendant’s house, and received the confirmation of D’s location and the circumstances of the instant case from the police officer G police officer G, who was called out to the Defendant, the Defendant: (a) took a knife, knife, and knife the victim, knife, knife, knife, knife, knife, knife, and knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to field and photographs of seized knife location;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Articles 144 (1) and 136 (1) of the Criminal Act concerning criminal facts (the occupation of intimidation to carry dangerous articles), Articles 136 (1) of the Criminal Act; 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., favorable circumstances among the reasons for sentencing below).

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