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(영문) 수원지방법원 여주지원 2015.04.06 2015고단131
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 December 21, 2014, at around 00:30, the Defendant, while under the influence of “Cjun Points” located in Echeon-si B, the Defendant: (a) breathed the Victim D (25 years of age) and the shoulder, which is a dangerous object at which the Victim D (25 years of age) and the shoulder are faced with, and (b) fright (16c meters in length) was her hand, and her son was bread to her son, and (c) her fright to bit the Victim, and threatened the Victim by taking the same attitude that would cause danger and injury to the Victim’s life and body.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the form of suspect and the laws and subordinate statutes governing knife photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Crimes of Intimidation under Article 62(1) of the Criminal Act: There is no basic area (6 to 1.6 months) (6 months), the basic area (6 months and 1.6 months) (Pronouncement decision] [6-1] of the suspended sentence [6-1 year and 1.6 months] [6] of the suspended sentence and intimidation a victim

Provided, That the decision shall be made as per the Disposition in consideration of the fact that the defendant who does not have the same previous or previous crime leads to confession and reflect, and the victim does not want the punishment of the defendant.

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