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(영문) 창원지방법원 통영지원 2015.01.09 2014고단887
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The sentence of imprisonment shall be suspended against the defendant.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

At around 01:55 on October 4, 2014, the Defendant threatened the victim by saying, “I will die if I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I am.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Six months of imprisonment to be suspended;

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (hereinafter referred to as "the following grounds for sentencing"), which is favorable to the accused;

1. According to the sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Act, six months to one year is recommended to be sentenced to imprisonment for the defendant (the recommendation for the mitigation area of “special intimidation” (the recognition of a person not subject to punishment as a special mitigation) and the lower limit of the applicable sentencing). The Defendant’s instant crime was committed using a knife, and thus, its nature is not good, considering the Defendant’s reasons for sentencing unfavorable to the Defendant.

However, considering the fact that the defendant is only 19 years of age, that the defendant reflects his depth, that the victim does not want the punishment of the defendant, that the defendant is the primary offender, and that the mother of the defendant wants the defendant's wife, the sentencing factors favorable to the defendant are considered.

In addition, the sentence shall be determined by comprehensively taking into account the age, family relations, etc. of the defendant, and the sentence of imprisonment shall be suspended.

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