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(영문) 수원지방법원 2016.02.17 2015고단3046
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(M, 69 years old) have been issued three times a summary order on August 2014 due to insult, assault, and damage of property against the victim by neighbors who live in the above floor at the D house in Osan-si, Osan-si.

around April 16:45, 2015, on the ground that the Defendant received a summary order as the case against the victim as seen earlier, the Defendant expressed the attitude of threatening the victim, such as the knife knife ( approximately 43 cm in length, approximately 30 cm in length, and about 30 cm in length), which is an object dangerous to the victim, and “influence influent death,” which read as “influent death.”

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statements of C and E in part;

1. Statement made by a part of the prosecution against C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes concerning blades photographs;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] / [the scope of punishment] the basic area of Article 48(1)4 (Habitual Offense, Habitual Offense, Habitual Intimidation.............) / [the sentence] / [the defendant did not receive a letter from the injured party; the defendant did not have a history of being punished several times for violent crimes against the injured party; the defendant did not have any history of punishment exceeding the fine; the defendant did not have any history of punishment; the defendant's damage caused disputes; the records and changes in the sentencing theory, such as the circumstances after the crime, etc., are considered, and the sentence is ordered as ordered.

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