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(영문) 수원지방법원 2015.12.17 2015고단4079
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

except that 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 May 24, 2015, at around 02:00, the Defendant tried to set up the “C cafeteria” operated by the Defendant in Suwon-gu, Suwon-si, Suwon-si, and to set up a “C cafeteria,” which was discovered by the victim’s D(40 years of age) as an unauthorized license, at the expense of the victim, the Defendant attempted to set up the victim with a food knife, which is a dangerous object.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act shall be taken into account, such as the reason that the victim does not want the punishment of the defendant by mutual consent with the victim, who is not subject to mitigation (4 to 1 year) (special mitigation) of the mitigated area (4 to 4 years), and who is not subject to punishment.

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