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(영문) 수원지방법원 2014.08.29 2014고단1955
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

At around 17:00 on March 20, 2014, the Defendant: (a) entered the victim D (the age of 19) who was aware of the usual in the front of Suwon-si C, Suwon-si, and then asked the victim to “hing off,” “hing off,” and the victim asked the victim to “hing off, hing off,” on the ground that the victim respondeded to “I would have to smoke, hing off, hing off, hing off, hing off, hing off, hinging off,” and said, the victim “hing, I will die, I will die, I will die, I will die.” and said, the victim “hing off, I am hing off, I am hing off, I am hing off, I am.”

Accordingly, the defendant, carrying dangerous objects, and expressed his attitude that seems to inflict any harm on the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning photographic images;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Since the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for violent crimes, and committed the instant crime during the repeated crime period, the necessity for punishing the Defendant is recognized.

However, the amount of fine has been determined by taking into account the following factors: the defendant reflects the defendant, is a contingent crime, is not a repeated crime of the same kind, and the power of the same crime is long, and there is no other penalty than a fine. The amount of fine has been determined by taking into account all the factors of the crime, the age and character of the defendant, the character and conduct, the environment and the circumstances after the crime.

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