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(영문) 의정부지방법원 고양지원 2013.05.03 2013고단375

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

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

At around 00:00 on February 14, 2013, the Defendant, while engaging in a dispute with the victim D (the age of 39) and personnel expenses, which was known to the Defendant while conducting construction at the Defendant’s accommodation located in Gyeyang-gu, Soyang-gu, Goyang-si, Yangyang-si, and was living out of, the victim would no longer do any work with the Defendant, and the victim would go out of, the family, which was a deadly weapon kitchen (the total length of 30cm, 19cc and the blade length of 19cc) and followed the victim, who was living in the kitchen at the same time, and the victim seems to have committed any harm to the body of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (to hear statements from the victim's opposite telephone or response, and to handle a report case);

1. Application of the provisions of Acts and subordinate statutes to kitchen photographs;

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

1. Mitigation of discretionary punishment under Articles 53 and 55 (1) 3 of the Criminal Act (general circumstances, such as the fact that the defendant is making a confession and is against the defendant, and that there is no past record of criminal punishment exceeding the fine prior to the crime in question);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;