(영문) 청주지방법원 2015.11.27 2015고단216

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(영문) 청주지방법원 2015.11.27 2015고단216

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not more than ten 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 August 17, 2014, the Defendant: (a) around 01:40 on August 17, 2014, at the D restaurant located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) on the ground that the victim E (the age of 43) was made by taking the knife, which is a dangerous thing in the D restaurant, on the part of the owner of the D restaurant site that is not good between the Defendant and the Defendant, and knife (the total length of 41cc, the knife length of 27.5cm) on the part of the victim who was diving, and knife on the knife, and “the knife knife knife knife knife knife knife knife knife knife knif.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The sentencing guidelines for violent crimes recommended by the Sentencing Committee, taking into account all kinds of conditions of sentencing, including the risk inherent in a dangerous article used by the defendant, the risk inherent in the defendant's age, character and conduct, the ability to punish the victim, the relationship between the victim and the F, the motive, means and consequence of the crime, etc., and the situation after the crime, etc., of the crime, when considering the following:

4. To fix the term of punishment within six months to one year and six months in the basic field for the 4th category for the purpose of intimidation, and to order probation and to attend lectures for violent therapy, the execution of sentence shall be suspended;

It is so decided as per Disposition for the above reasons.

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