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(영문) 수원지방법원 평택지원 2015.04.23 2015고단223
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

The defendant is between the victim B (the age of 39) and the pro-friendly relationship.

On July 16, 2014, at around 15:15, the Defendant threatened the victim on the ground that the Defendant’s dwelling at Pyeongtaek-Ba B-102, would be drunk, and on the ground that the Defendant would be bad in drinking, by putting a shoulderer bottle, which is a dangerous object, and putting the victim’s humb and throw away as the victim’s humb, with the victim’s humb.

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

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of statutes on the site photographs of the case

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, 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 scope of recommendations for sentencing guidelines for sentencing under Article 62-2 of the Criminal Act: Taking into account all circumstances, including the fact that no substantial damage exists in the basic area (6-1-6 months) of the type of intimidation (special intimidation) and the fact that drinking seems to be the cause of alcohol, etc.;

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