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(영문) 울산지방법원 2015.02.05 2014고단3247
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 22:30 on September 12, 2014, the Defendant threatened the victim, who was in possession of the victim D(the age of 35) on the ground that the victim was not aware of the Defendant at the parking lot of the victim D(the age of 35) located in Yangsan-si, with a knife (the length of the knife: 17cc).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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. Where the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (excluding cases where special intimidation is applied) is the basic area (two to one year), the basic area (two to one year), the amount of punishment not to be imposed (including efforts to recover damage), or considerable damage is restored, the crime is committed under the threat of organization or multiple persons, or the crime is committed by carrying a deadly weapon or other dangerous articles (excluding cases where special intimidation is applied) and carrying a deadly weapon or other dangerous articles, the sentence of imprisonment under law is inevitable.

In addition, the circumstances are heavy, such as the fact that the defendant gets the victim and knife the knife without any particular reason, and the defendant was punished for violent crimes.

Provided, That the execution of punishment shall be suspended in consideration of the fact that there is an agreement with the victim and an error against the victim.

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