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(영문) 의정부지방법원 고양지원 2015.11.27 2015고단2178
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

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

Reasons

Punishment of the crime

At around 07:30 on June 18, 2015, the Defendant: (a) took a kitchen knife (18cc in blade length, about 30cc in total length) in the kitchen located in the main room of the Defendant’s residence; and (b) taken a kitchen knife (30cc in knife, about 18cc in knife, total length) in front of the above building where the victim C (35 years of age) resides; (c) taken a portrait in front of the front of the entrance of the above building where the victim C (5 years of age), opened the door and opened the kitchen, and threatened the victim by “I want to knife it with a knife”.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (on-site CCTV verification and visit No. 501);

1. Application of Acts and subordinate statutes to deadly weapons photographs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Sentencing Criteria for sentencing under Article 62-2 of the Criminal Act: Violence crime, intimidation crime, Type 4 (Special Intimidation for Habitual Offense), basic area, imprisonment with prison labor for six months to one year and six months, while carrying a deadly weapon that could lead to severe consequences, and did not receive a letter from the victim, and there was a history of punishment several times for past violent crimes.

In this Court, the defendant recognized the crime of this case, and seems to reflect it.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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