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(영문) 의정부지방법원 2013.07.19 2013고단1260
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:10 on April 19, 2013, the Defendant: (a) expressed that the victim C (here, 57 years of age) in a de facto marital relationship (here, B apartment 108 dong 402) with the Defendant’s dwelling in the Namyang-si, Namyang-si, B apartment 108 dong 402, in the Defendant’s residential area, had a defect in the Defendant’s view that the Defendant c (here, 57 years of age) did not satisf on the ground that the Defendant’s satisfys the Defendant’s satisfys the Defendant’s vehicle’s satisfy; and (b) made a catch, a deadly weapon (23 cm, 12 cm in the total length, kn

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of excessive photographic Acts and subordinate 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (Consideration favorable circumstances such as the fact that the injured party has withdrawn his/her intention to punish the accused and that the accused has no criminal record of suspended execution or more);

1. Article 62 (1) of the Criminal Act on the suspended execution.

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