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(영문) 수원지방법원 2015.06.10 2015고단1095
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a daily worker working at the construction site of a 9-line Construction 9, a 920-way subway, who works at the same construction site as the victim C(60 years of age) and lives at the same accommodation.

Around 23:00 on October 24, 2014, the Defendant: (a) made a telephone conversation at a lodging room located in Songpa-gu Seoul Metropolitan Government Dogra 301 on a 23:00 date; (b) made a 10-time price of the victim’s face and clothes, etc. by taking the body of the victim’s face and clothes, etc. due to drinking and launching, and (c) made a knife (total length 30 cm, 18 cm in its knife) knife, a dangerous object in the knife of the knife, and knife knife knife knife knife the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution to C;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] [the grounds for the suspended sentence] of Article 62(1) of the Act on the Suspension of Execution [the scope of recommending sentence] that there is no basic area (6 to 1 year and 6 months): [the decision of sentencing] of the basic area (6 to 1 year and 6 months): (a) of the crime committed by carrying dangerous articles; (b) the circumstances that are favorable for the intimidation: recognition of and reflects the crime; (c) deposit of KRW 1 million for the victim; (d) the first crime; (c) contingent crimes; (d) contingent crimes; and (d) the conditions of sentencing, such as the above circumstances and age of the defendant; (d) character and conduct; (e)

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