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(영문) 창원지방법원 마산지원 2015.11.03 2014고단1196
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 of the final judgment.

Reasons

Punishment of the crime

On March 10, 2014, at around 22:05, the Defendant found at the house of the victim C (n, 47 years of age) (hereinafter referred to as the “C”), the former wife of which was divorced pursuant to subparagraph 308 of the B building 308, Haan-nam, Haan-gun, Haan-gun, and said that the Defendant had a knife (15cm in the blade length, 25cm in the total length) of a dangerous object on the ground that the victim terminated his cell phone used by the Defendant, and said, “C” in face-to-face face.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of photographic Acts and subordinate statutes, such as criminal implements;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Although there was no agreement with the victim on the reason of sentencing under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined by taking into account the following factors: (a) there was no agreement on the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution; (b) there was no record of committing a crime exceeding the fine; (c) the relationship with the victim; (d) the age, character and conduct

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