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(영문) 울산지방법원 2013.04.04 2013고단253
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 January 1, 2013, the Defendant, at around 22:25, in Ulsan-gu C2, Ulsan-gu, Seoul-gu, 2013, listened to the victim D(23 years of age)’s warning that the Defendant would come early from the Defendant’s measures adjacent to the said house, and she used the victim’s “influor’s superior and 12 cm in length, and 23 cm in total length,” which is a deadly weapon (12 cm in length, 23 cm in length). The victim got away from the victim’s death, and led the victim to the victim.

Accordingly, the defendant threatened the victim by using a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on police seizure records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the degree of damage suffered by the victim, the amount of contingent crime in this case, and the point agreed with the victim);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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