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(영문) 울산지방법원 2014.01.16 2013고단3269

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for six 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

1. Around September 20, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) provided a 330,00 won request from the victim after drinking alcohol in the Emnodesced from the victim D (A. 49 years old) operated by Ulsan-gun, Ulsan-gun on September 20, 2013, the Defendant threatened the victim with an empty beer and beer, which is a dangerous object on the table, with both main and main disease, and detained the victim by carrying dangerous objects, such as threateninging the victim as at the time of his/her hand.

2. On September 20, 2013, the Defendant: (a) 02:22, at the place under Paragraph (1); (b) 1; and (c) 3; (b) 4; and (c) 4; and (d) 112; and (d) 3; (b) 4; and (c) 4; and (d) 4; (c) 4; and (d) 4; and (d) 4; and (d) 4; and (d) 4; and (d) 4; and (d) 4; and (d) 4; and (d) 4; and (e) 1; and (e) 1; and (e) 1; and (e) 2; and (e) 2; and (e) 2; and (e) 2; and (e) 3; and (e) 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Application of Acts and subordinate statutes, such as disaster scene photographs;

1. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2(1)1 of the Criminal Act, Article 283(1) of the Criminal Act and Article 136(1) of the Criminal Act concerning criminal facts (the point of obstructing performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated as a violation of the Punishment of Violences, etc. which is heavier than the punishment);

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order.