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(영문) 전주지방법원 군산지원 2015.06.19 2015고단289
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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

At around 14:50 on February 8, 2015, the Defendant, while drinking alcohol together with the victim C (the 51-year old age), a workplace partner, at the Defendant’s house located in Yasan-si B apartment 103 Dong 1003, 1003, and 1003, the Defendant, on the ground that “the mother of the Defendant, who entered the Defendant’s company, her mother, her mother, her franchis, her mother, her franchis, her mother, her mother, her mother, her franchis) her knife (the total length of 30 centimeters, 18 centimeters in knife) was her part

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as per the disposition, taking into account the following: (a) the mitigation area (4 to 1 year), the mitigation area (4 to 1 year), the exemption area (including the advanced efforts to recover damage) or considerable damage (the decision of a sentence] where a defendant both recognizes and reflects a criminal act; (b) the defendant was smoothly agreed with the victim and the defendant; and (c) the defendant did not have been punished in excess of the fine prior to the instant crime; and (d) the sentence shall be determined as per the disposition.

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