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(영문) 수원지방법원 2014.07.23 2014고단1807
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2014, at around 12:45, the Defendant: (a) was under the influence of alcohol at “Dcafeteria” located in Suwon-si C, Suwon-si, and had a dispute with the victim E (58 years of age); (b) was released from the wall to the wall; and (c) was hicker Sicker’s disease, which is a dangerous object due to a bad loss, and thereby, threatened the victim by saying that “the hicker Sicker” is close to the face of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six months to fifteen years; and

2. Scope of the recommended sentence for the sentencing guidelines [decision of types] the scope of the recommended sentence for the sentencing guidelines, the group of violent crimes-special intimidation [the scope of the recommended sentence] mitigated area (six months of imprisonment (revision by the lower limit of the punishment by law), or one year of imprisonment]: A person not subject to punishment;

3. Determination of sentence shall be made in the same manner as the order within the scope of recommending sentence, taking into account the fact that the defendant has agreed smoothly with the victim and that no substantial damage has occurred.

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