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(영문) 수원지방법원 2013.08.14 2013고단2476
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

Reasons

Punishment of the crime

On May 15, 2013, at around 22:40, the Defendant 22:40, the victim E (n, 52 years old) operated in Suwon-gu, Suwon-si (hereinafter “F cafeteria”), and the Defendant saw the transition (23 cm in total length, 12 cm in length) which is a dangerous object (12 cm in length) under the G Marart, 1, 201, while the victim and snow with the victim have come to conflict with each other with each other, the Defendant saw it as her hand and her hand to her hand, and her escape to the F cafeteria and throw away from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports, photographs, investigation reports (on-site confirmation, etc.);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has already been punished for the same kind of crime, the use of the kitchen blades that may cause serious bodily harm to the victim for the crime, etc., and that the victim wants to punish the defendant, a strict punishment against the defendant is required in view of the fact that the victim wants to do so.

However, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions in the instant case, such as the fact that the Defendant has no record of punishment heavier than the suspension of execution, the confession of the crime, and the motive, means and result of the crime in this case, the circumstances after the crime in this case, the age, character and conduct of the Defendant, and family

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