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(영문) 수원지방법원 평택지원 2013.09.12 2013고단895
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

Around 10:08 on July 8, 2013, the Defendant made a phone call to B, who is a frighter in the offscoping park, and instead of the victim C (24 years of age), went to the above park instead of the victim C (24 years of age), and threatened the victim by taking a knick (10 cm, 3 cm, 22 cm in total length) which is a dangerous object previously possessed by the victim in the above park (10 cm, 10 cm, 3 cm in width, 22 cm in total).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Application of police seizure records and list 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a case in which the defendant threatened the victim with a deadly weapon as the victim, and the method of crime, etc. is not easy, but did not reach an agreement with the victim in light of the method of crime, etc.

However, in consideration of various factors of sentencing, such as the fact that the defendant recognized the crime and committed a mistake, and the suspension of indictment for the defendant is imposed only once due to violence, and the defendant has no criminal record, the probation and community service order should be sentenced under the condition of probation and community service order through discretionary mitigation of statutory punishment.

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