(영문) 제주지방법원 2015.10.29 2015고단1068

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(영문) 제주지방법원 2015.10.29 2015고단1068

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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A defendant shall be punished by imprisonment for not less than eight 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

At around 04:50 on July 26, 2015, the Defendant changed one cigarette to the victim C (the 60-year-old) in the East-ro 17-ro 17-gil in Jeju Island, and threatened the victim with a knife with a knife (the knife length of 11.5 cm) carrying a deadly weapon, carrying the knife with the knife (the knife length of 11.5 cm) and the knife (the knife length of 11.5 cm) in his hand, with the knife’s knife knife knife knife knife knife knife knife.”

Accordingly, the defendant carried a knife, which is a deadly weapon, and assaulted and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of related Acts and subordinate statutes;

1. Relevant Articles 261 and 260(1) of the Criminal Act concerning the crime, Article 284 of the Criminal Act, Article 283(1) of the Criminal Act, and the choice of imprisonment with prison labor concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered in favor of the reasons for sentencing following the suspended sentence);

1. As for the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the punishment shall be selected by taking into account the criminal records of the same kind of crime and the criminal records of the defendant, the circumstances leading up to the crime are contingent, the defendant does not actually use a deadly weapon in the course of assault, the defendant's perception of criminal facts and miscompetences in depth while living, the defendant is in a position to support two children without the spouse, there is no record of more severe punishment than the fine except for the suspended sentence for about 30 years prior to the suspended sentence, and there is no other statement at an investigative agency to the effect that there is no criminal intent to punish the victim, such as the defendant's age, character and behavior, and circumstances after the crime (the defendant does not want punishment upon death).

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