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(영문) 울산지방법원 2015.01.22 2014고단3802

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 1, 2014, at around 20:30, the Defendant discovered that the two mains, which are dangerous objects in the house, are flick-gun B, Ulsan-gun, B, Dong 108, and that the wife C and the victim D (38 years of age) were flicking, and considered that the two mains were flicking, which are dangerous objects in the house, flick-gun, and flick-gun, followed the victim's flick-gun, and flick-gun, the victim flick-gun, who flick-gun, would flick-do flick-gun, and flick-do 108, and flick-do flick-gun, flick-gun, which were dangerous objects in the kitchen, and flick-do fld the victim's body, and flick-do fl the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of criminal tools;

1. Application of investigation reports (verification of the length of a relative blade of a suspect) Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 283 (1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act shall be determined as per the disposition, comprehensively taking into account the following factors: (a) the mitigated area (4 to 1 year), the mitigated area (4 to 1 year) [special mitigation] [decision of a sentence] (a person who has a deadly weapon], and intimidation the victim with a deadly weapon; (b) the victim is not wanting to be punished; (c) the victim does not want to be punished; and (d) the sentencing factors indicated in the record, such as the defendant’s age, character and conduct