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(영문) 의정부지방법원 고양지원 2015.02.10 2015고단62
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Criminal facts

On January 4, 2015, the Defendant stated that “D” in front of the C, which is located in Goyang-gu, Goyang-gu, Ilyang-si, Mangsan-si, and that, on the ground that the victim E (ma, 16 years of age) was about about her own, the victim she was her at the time when her knife knifes the knife in a family room and her knife in a knife in a knife in a way that the knife knife knife knife is cut.”

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

Summary of Evidence

1. Partial statement of the defendant;

2. The police statement of E;

3. Application of Acts and subordinate statutes on police seizure records;

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;

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

3. As for the reason of sentencing under Article 48(1)1 of the Criminal Act, if we pay attention to the crime of this case for the reason of sentencing, the nature of the crime is bad, and the defendant committed the crime of this case during the suspended execution period despite the past record of having been punished as a violent crime similar to this case, it is an element of sentencing unfavorable to the defendant.

On the other hand, the fact that the defendant recognizes the facts charged in this case as a substitute and reflects it, and that the victim does not want punishment against the defendant by mutual consent with the victim is an element of sentencing favorable to the defendant.

Furthermore, the sentencing guidelines, including the Defendant’s age, character and conduct, environment, and criminal record, were taken into account equally, and also referenced to “colatorial crime sentencing guidelines” prepared by the Sentencing Committee.

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