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(영문) 수원지방법원 안양지원 2014.05.29 2013고단1395
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 10:00 on July 10, 2013, the Defendant threatened the victim G, etc. at a construction site, who was in the main room, with a string knife, knife, knife, knife, and knife, knife, knife, knife, and knife, knife, knife, and knife, knife the knife of knife at the site, on the ground that the noise of the F knife extension construction site of the F knife E located adjacent to the Defendant’s house.”

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Each police statement concerning G and D;

1. Seizure records;

1. Application of Acts and subordinate statutes governing seized articles;

1. Relevant Article of the Criminal Act and Article 283 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant committed the instant crime among poor neighbors due to the operation of the restaurant by the victim and the lawsuit for land return, etc., and the nature of the crime is not easy.

In addition, the circumstances after the crime are not good, such as exercising violence against the victim who was found in the police after the crime.

However, given the favorable circumstances, such as the fact that the defendant is the first offender, there are some circumstances that may be taken into account the circumstances leading to the defendant's crime, the confession of the defendant and the fact that the defendant seems to repent of his mistake while being tried in this case.

In addition, based on the sentencing precedents of the same case as the case committed by the prosecutor (six months of imprisonment, two years of suspended sentence) and the defendant, the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as shown in the arguments of this case and the records after the crime shall be sentenced to a fine as ordered.

Public Prosecution Rejection Parts

1. This part.

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