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(영문) 수원지방법원 안양지원 2015.04.03 2014고단2043
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 22:35 on November 24, 2014, the Defendant detained the victim by carrying a dangerous object ( approximately 21.5 cm, approximately 11.5 cm in length), which is a dangerous object on the part of the victim, on the ground that the victim C (n, 37 years of age) who was the wife and the victim was in drinking alcohol at his own house located in the Mayang-gu B and 302, and on the ground that the victim was in drinking alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (the initial investigation details);

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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. The fact that there are several grounds for sentencing Article 62-2 of the Criminal Act on probation and order to attend a lecture, etc. is disadvantageous to the defendant.

On the other hand, the fact that the victim does not want punishment, the crime is against the victim, and the detention of the defendant seems to entail excessive difficulties to the family members, are favorable to the defendant.

Comprehensively taking account of these circumstances, the sentence as ordered shall be determined.

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