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(영문) 의정부지방법원 고양지원 2014.05.01 2013고단2128

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

Criminal facts

The Defendant stated the written indictment on July 7, 2013 as “ July 8, 2013.” However, in light of evidence, it was obvious that it is a clerical error, and thus, it was found as above.

At around 06:10, the victim's bitch bitch bitch bitch bitch bitch bitch bitch mar, which was incurred by the victim's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.'

(1) The death penalty shall be discarded;

The phrase "I" and the phrase "I" came into existence.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement by the prosecution concerning D;

3. Application of recording records, field photographs-related Acts and subordinate statutes.

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

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

3. The reason for sentencing under Article 62(1) of the Criminal Act, the means and method of the instant crime, etc., are factors unfavorable to the Defendant.

On the other hand, most of the facts charged of this case are recognized and reflected by the defendant, the deposit of one million won for the victim in recent years, the agreement with the victim, and the fact that there has been no record of crime that can be noted so far is an element of sentencing favorable to the defendant.

Furthermore, the sentencing guidelines as shown in the arguments, such as the Defendant’s age, character and conduct, and environment, were taken into consideration, and the sentencing guidelines formulated by the Sentencing Commission also refer to “colind