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(영문) 부산지방법원 2014.12.12 2014고단7610
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

Punishment of the crime

On September 6, 2014, at around 19:30, the defendant collected the horses from the victim D (Nam, 59 years of age) located in the north-gu, Busan, and the victim living in the adjoining area, and the defendant heard the horses, and the defendant collected from the victim the cement block (a 10cm amount) which is a dangerous object on the road, and got the victim to the victim by gathering the cement block (a 10cm amount), which is a dangerous object on the road, and E collected the beer disease, which is a dangerous object, and collected the beer disease and collected the families of the victim and the victim.

In collusion with E, the Defendant expressed the attitude that the Defendant would inflict any harm on the life, body, etc. of the victim with dangerous objects as above, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each legal statement statute to witness F and D;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 283 (1) and 30 of the Criminal Act;

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

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

1. Circumstances favorable to the reasons for sentencing under Article 186(1) of the Criminal Procedure Act, which bear litigation costs: The first sentence, which is the first offense: The sentencing conditions indicated in the records, such as the defendant's age, character, conduct and environment, shall be determined by taking into consideration the following factors: the circumstances leading to the crime are inferior and highly dangerous; the defendant does not oppose the crime; the defendant's age, character and behavior;

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