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(영문) 울산지방법원 2014.01.09 2013고단3027
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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 July 31, 2013, at around 21:15, the Defendant 21:15, on the roads in front of the Criju station in Yangsan City, and on the E-si driven by the victim D (Nam, 43) and reached the above Criju station, and calculated the taxi expenses, the Defendant saw that the Defendant flown the dys in the dys of the gys of the Defendant’s possession into the taxi floor, and dys of the fys of the Defendant flowed into the taxi floor, and saw that the Defendant dys of the fys of the fys of the Defendant’s possession into the above Criju station office (total 20cm, 10cm in length, 10cm in length), and saw the Defendant as if he wanted to die, or she was frighted, and threatened the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Application of three Acts and subordinate statutes, such as photographs of damaged areas;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 283 (1) of the Criminal Act;

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

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

1. Probation and community service order under the proviso to Article 62-2 (1) of the Criminal Act and Article 62-2 (2) of the same Act, considering the fact that a crime is a intimidation using a deadly weapon for sentencing, and the criminal punishment of which is inevitable due to the gross nature of the crime, and that there is no record of criminal punishment other than a juvenile protective disposition once, the risk of recidivism in light of the circumstances of crime

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