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(영문) 의정부지방법원 고양지원 2013.09.05 2013고단869
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for seven 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

1. Around 14:40 on June 7, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) said that, on the ground that the victim D (n't, 42 years of age) was about to organize the relationship with the Defendant, the Defendant brought about the transition (27 cm in total length, 15 cm in length) that is dangerous to the Defendant’s house near the Defendant’s house in the vicinity and brought about the transition (15 cm in length) that is dangerous to the Defendant’s house, and that, on the left hand, the Defendant saw and displayed the victim’s breath as a hand, and “whether he play with so far or not so far, the death is discarded.”

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

2. At around 15:00 on the same day as above 15:0, the Defendant assaulted the victim E (year 51), who was the husband of D, at the same place as above 15:0, and the husband of D, who was under contact with D, by d.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles), and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the sum of the punishment prescribed in the Act on the Punishment of Violences, etc. which is heavier than the punishment and the long-term punishment of the crimes above two crimes] among concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the victim D is not subject to punishment for the defendant, and that the defendant commits an offense against the defendant);

1. Article 62 (1) of the Criminal Act (the same grounds for discretionary mitigation);

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