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(영문) 춘천지방법원 원주지원 2014.09.17 2014고단649
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 of the final judgment.

Reasons

Punishment of the crime

On June 2, 2014, at around 21:50, the Defendant: (a) sent a knife to the victim C (the age of 44) and D, who had been divingd at the same place while drinking alcohol in the vicinity of the square of 158 Won-dong, Pyeongtaek-si; (b) made an assault, and (c) made a knife knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, intimidation crimes, and Types IV (Special Intimidation);

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) In cases of general persons: Reduction elements;

(d) Scope of recommendations: Basic area, four months to one year; and

3. Determination of sentence: Imprisonment with prison labor for six months, one year of suspended sentence, one year of probation [fluence], imprisonment with prison labor, reflectivity, or imprisonment with prison labor or heavier punishment [fluence circumstances] The risk of committing a crime, two times the same fines (a fine of bodily injury on or around 2008; a fine of one million won for damage to public goods on or around 2013);

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