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(영문) 수원지방법원 2015.11.19 2015고단3300
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

At around 21:30 on March 25, 2015, the Defendant: (a) threatened the victim C(the age of 42) with a knife knife ( approximately 37 cm in total length, approximately 23.5 cm in length), which is a dangerous thing that he does in front of his house, on the ground that the victim C(the age of 42) was discarded waste in front of his house; and (b) threatened the victim with the victim, stating that the victim “I die in governance.”

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement (in light of the attitude and content of the above witness’s statement in the court, the consistency of the statement from the investigative agency, etc., credibility exists in the above statement);

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. On-site photographs;

1. Police seizure records;

1. Application of Acts and subordinate statutes of knives and photographs threatening victims;

1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the crime. Article 283 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is mitigated from the mitigated area (four months to one year), the punishment is not suspended (including serious efforts to recover damage), or considerable damage is recovered from the mitigated area (four months to one year), or a considerable part of the reduced area;

2. Determination of sentence: The sentence shall be determined as per the order, taking into account the following factors: six months of imprisonment, the probation period of the crime in this case for two years; the defendant has a great risk of committing violent crimes; the defendant has the record of being subject to juvenile protective disposition; the victim is not subject to punishment for the defendant; the defendant appears to have committed any contingent crime after drinking alcohol; the defendant has no record of being punished other than the above juvenile protective disposition; and the defendant has no record of being sentenced to punishment other than the above juvenile protective disposition; and the defendant's age, character and behavior, environment, etc. as

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