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(영문) 수원지방법원 2015.04.08 2014고단6940
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

At around 20:10 on December 7, 2014, the Defendant, at the Defendant’s house located in Suwon-gu Bukdong-gu, Suwon-gu, Suwon-gu, Suwon-si, 2014, did not pay taxi charges to the victim C (57 years of age) and did not pay taxi charges to the victim, thereby making the victim and the victim punished for Si expenses, saying, “A young young who would be able to be able to be fright the match money,” saying, “I would be able to be fright the inside, and a fine of one million won is to be exempted,” and then, the Defendant brought the kitchen, which is a deadly weapon, to the victim, and put the victim in the kitchen.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [Scope of Recommendation] In the event that the mitigation area (4 to 1 year), mitigation area (4 to 4 months), exemption from punishment (including serious efforts to recover from damage), or considerable damage has been restored (decision of sentence] under Article 48 (1) 1 of the Confiscation Criminal Act, consideration of favorable circumstances, such as that the defendant committed the instant crime with a suspended sentence for one year in six months, by contingency, and agreed with the victim;

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