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(영문) 의정부지방법원 고양지원 2013.12.05 2013고단1019
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 August 8, 2012, the Defendant, while drinking alcohol at the Defendant’s house located in Seoyang-gu, Seoyang-gu (A) 301 Dong-dong 301, the Defendant: (a) followed the Defendant’s disease at the Defendant’s house; (b) obstructed the Defendant’s disease from the victim D (the spouse, 60 years of age) who was his spouse; (c) followed the Defendant’s disease at the her seat; and (d) threatened the Defendant with the Defendant by saying, “prising the Defendant’s disease at the her seat,” saying, “prising the Defendant’s disease at the her seat.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to field photographs and studs-in photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) was that the defendant used a shouldered salker's disease, which is a dangerous object, to threaten the victim, and the victim was at risk of committing an act, such as avoiding the salvating the salker's disease by force, and the defendant used violence against the victim, etc. at any time in the home, including the case in this case. However, there is no record of the crime committed by the defendant, but there is no record of the crime subject to the recent punishment of a fine or more severe punishment. At present, the fact that the defendant is in fact separate from the victim, and the victim wants to be punished against the defendant, and the victim also wishes to be punished against the defendant, the punishment shall be determined within the scope of the recommended sentence to be recommended in the sentencing guidelines [the scope of imprisonment with prison labor for April and one year, which is the lowest limit of imprisonment with prison labor of the fourth category of violent crime group.]

It is so decided as per Disposition for the above reasons.

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