beta
(영문) 의정부지방법원 2015.03.20 2014고단4295

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around August 13, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) provided that “A victim E (hereinafter “Djuk”) who was in de facto marital relationship in the past in the “Djuk” located in the Iron-gun, Gangwon-do, Hawon-gun C, provided that “I will not see the age of 44” and that “I will not am dead. I will not see the principle of mutatis mutandis taxation. I will not see that I will am. I will am in the face of a weller, which is a dangerous object, and made a threat of the said a proererer’s disease, which is a dangerous object, as in the part of the victim

2. The Defendant, on the same date and time as the statement in paragraph 1 at the same place as, and on the same grounds as, that set forth in paragraph 1, boomed the victim’s neck, and boomed the victim’s neck, and even when the victim was able to unsur the above neck with both losses by hiding the victim’s neck, he continued to stroke the victim’s stroke, strokeed the victim’s stroke and the dyelines of the heavy stroke and the dyeline of the water

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of statutes to field photographs, each investigation report (on-site conditions and measures, and hearing of statements from witnesses).

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, Category 1 Crimes [Scope of Recommendation] for the reasons of sentencing under Article 62(1) of the Act on the Suspension of Execution: Types 4 (Habitual Cumulative Offense, Habitual Intimidation, Special Intimidation) [Special Mitigation] and Group 2 Crimes for which no punishment is imposed [Scope of Recommendation]] and the scope of special mitigation (1 to 1 year) [Special Mitigation (1 to 1 year] and the final sentence due to minor bodily injury and the aggravation of the majority who are not subject to punishment: from April to one year and six (1) months (decision of Punishment].