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(영문) 수원지방법원 2014.07.18 2014고단2281
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

1. At around 20:40 on March 24, 2014, the Defendant d (23 years of age) at the C Camping site office located in the wife population B, the Defendant d (hereinafter “Camping site office”) d (23 years of age) did not have any content set up after the camping site office, and had a content returned to the camp site office without permission, and threatened the Defendant with the Defendant by gathering the hand kbs ( approximately 30cm in hand, approximately 8cm in daily length) which are dangerous things, while putting the kbling site “the kb head”).

Accordingly, the defendant threatened the victim with a deadly weapon.

2. At around 21:00 on March 24, 2014, the Defendant found the victim E (the age of 48) in the above office with the knowledge that the content of D ceases to exist, found the victim E (the age of 48), made the body in question, and threatened the victim with the improvement ( approximately 30 cm in hand, about 30 cm in daily length, 30 cm in daily length), which is a dangerous object, and kid with the victim’s left shoulder width.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police suspect interrogation protocol regarding E;

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

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the relevant criminal facts, the selection of punishment, and Article 283 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. First offense applicable to the sentencing criteria (Scope of recommending punishment): Type 4 (Habitual Cumulative Offense, Special Intimidation) and Type 2 (Crimes against Victims D): The basic area (Scope of recommending punishment): Types 4 (Habitual Cumulative Offense, Cumulative Offense, Special Intimidation) and the mitigated area (4 months to 1 year) (Special Intimidation) of the mitigated area (4 months to 1 year): The final sentencing scope based on the aggravated punishment of the multiple criminal who are not subject to the punishment: Six months to two years;

2. Determination of sentence: Six months of imprisonment, the fact that the defendant for two years of stay of execution reflects, and contingent;

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