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(영문) 울산지방법원 2015.10.22 2015고단1681

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant and the victim B(the age of 30) were a school system based on marriage and living together.

On March 21, 2015, at around 02:00, the Defendant is in sight of each other as a matter of moving the hospital where the victim is receiving treatment from the inside of the residence where the victim was living together with the Defendant on March 21, 2015.

Under the influence of alcohol, the kitchen (29cm in total length, 17cc in daily length) in the kitchen, show the victim and the victim, and threaten the death and death.

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Voluntary report;

1. Application of the Acts and subordinate statutes to photographs of victims and photographs of deadly weapons;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] The mitigated area (4 to 1 year), which is the mitigated area (4 to 1 year), [4-1 year), which is not subject to a special mitigation] of a punishment (decision of a sentence] (decision of a sentence] dangerous articles, and in order to threaten the victim, and the fact that there are three times the records of violent crimes are disadvantageous to the defendant.

However, the sentence shall be determined as ordered in consideration of the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, that there is an agreement with the victim, that there is no past record of suspended execution or more, and other various sentencing conditions in the records, such as the age, character and behavior, environment, and circumstances