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(영문) 울산지방법원 2015.01.15 2014고단3702

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six 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 01:30 on October 19, 2014, the Defendant: (a) under the influence of alcohol in front of the Dranode in Ulsan-gu, Ulsan-gu; (b) considered that the victim E (the age of 17) and her relatives are drunk; and (c) led the victim to disregarding her behavior, the Defendant threatened the victim with a deadly weapon for the removal of electric wires (the total length of 15cm, the length of 5cm), which is a deadly weapon in possession of the victim, and threatened the victim by carrying a deadly weapon, such as one-time display, etc., if he would inflict any harm on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] : (a) the basic area (referring to June to one year and six months) of types 4 (determination of sentence] and the basic area (referring to repeated, repeated, special intimidation) of the Criminal Act; (b) the nature of the crime, such as threatening the victim by carrying a lethal weapon; (c) the fact that there is no record of the crime other than twice of the fine; (d) the fact that there is no record of the crime other than twice of the fine; (e) the fact that there is a family member to support the defendant; and (e) other elements of sentencing