(영문) 수원지방법원 성남지원 2014.10.02 2014고단1416

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(영문) 수원지방법원 성남지원 2014.10.02 2014고단1416

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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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

Criminal facts

On April 17, 2014, at around 16:35, the Defendant: (a) laid down a sign of no parking prohibition before Sungnam-si, and flapsed with the Defendant; (b) the Victim C (the 64 years of age) laid the Defendant a tree, cut it into the flab; (c) flab the victim’s flab; and (d) flab, which is an object dangerous at the Defendant’s home in the vicinity of the Defendant, the victim was flabed with the knife, and threatened the victim by the knife with the knife., and by the victim, the victim threatened the victim by the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of seizure records and photographs of seized articles to the Acts and subordinate statutes;

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 (see, e.g., the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is as follows: (a) considering the following as a whole: (b) the Defendant’s knife, which is a dangerous object for the minor reason; (c) the nature of the offense is not somewhat weak; (d) there is a high possibility of criticism as a threat of the victim; (e) on the other hand, the Defendant has agreed with the investigative agency only with the victim, and the Defendant does not want punishment against the Defendant; (e) the Defendant is a contingent crime; (e) recognized and reflects the mistake; and (e) other favorable circumstances such as the Defendant’s age, character and behavior, environment, and circumstances after the two-time suspension of execution of punishment (one time of imprisonment and one time of a fine), and other circumstances that are conditions for sentencing, the Defendant is deemed appropriate to sentence imprisonment within the scope of the statutory punishment to be mitigated; and (e) the execution of the sentence is to be suspended on condition that the community service order

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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