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(영문) 수원지방법원 2014.06.11 2014고단2243
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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

On April 23, 2014, around 11:25, the Defendant, under the influence of alcohol in front of the “D convenience store” located in Suwon-si, Suwon-si, the Defendant called “D convenience store” and, without any justifiable reason, the Defendant collected a pipe (100 cm in length, 5 cm in diameter, 5 cm in diameter) that was dangerous goods, and put the victim E (49 years of age) that was going adjacent to it two times, and called “one must go to governance”.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Six months to fifteen years; and

2. The scope of the sentencing guidelines for sentencing [decision of types] the basic area [the scope of the sentencing guidelines and the scope of the sentencing guidelines] of violent crime group-special intimidation [the scope of the sentencing guidelines and the scope of the sentencing guidelines] [the imprisonment of six months to one year]: None of the special persons:

3. The decision of sentence shall be made in the same way as the order within the scope of recommending sentence, considering the fact that the accused was punished several times for violent crimes, the errors are divided, and the victims have not suffered substantial damage, etc.

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