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(영문) 의정부지방법원 2014.07.23 2014고단577
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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

At around 12:15 on November 2013, 2013, the Defendant parked his own cargo vehicle on the road in front of 444-14 on both sides of the two weeks, but received a claim from the victim C that “whether or not the vehicle will do so,” and the Defendant her cargo vehicle gets her “I am hick,” but amnick, show it to the victim, and “I am hick due to the same person with the inside and outside of the vehicle, I am hick.” The Defendant threatened the victim with the above improvement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of case-related photographs and photographs and statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) 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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] - Types 4 (Habitual, Cumulative, Special Intimidation) (Special Intimidation): In the mitigated elements of punishment: [Decision of the recommended area] [Scope of the mitigated punishment] 4 months to 1 year [General Convict] - Suspension of Execution] 1 year to 30 years : In the event that a person commits a crime by carrying a dangerous weapon or other dangerous articles with a serious half of punishment (including a serious effort to recover from damage): The main reason for such a crime - In the event that the person committed a crime by carrying a dangerous weapon or other dangerous articles: The positive one half of the punishment (the punishment and recommendation type] - The sentence of punishment is in accord with the sentence under the law for six months to 15 years: six months; the sentence of imprisonment with prison labor for a prison term of six months; the defendant's life or a prison term of eight years; the defendant's life or a prison term of imprisonment with prison labor for a prison term of one year to six years; the defendant's life or more;

However, the defendant himself.

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