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(영문) 청주지방법원 충주지원 2013.08.23 2013고단282
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than one year and 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 March 1, 2013, at around 20:30, the Defendant received a claim from the victim D (the age of 62) who was living in front of the Defendant’s residence in Chungcheong City C, on the ground that he set up a big frame for television.

The Defendant, a dangerous object that the victim intends to enter into the Defendant’s room, caused the victim’s breath part to take once, and caused the victim’s breath to undergo two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and D by the prosecution;

1. Application of Acts and subordinate statutes to a criminal investigation report (attached written answers);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant, who is a dangerous object, has inflicted bodily injury upon the victim, which may lead to a serious result: considering the fact that the defendant agreed with the victim, and other circumstances, which are conditions for sentencing indicated in the records, such as the defendant's age, character and conduct, occupation and family environment, are considered.

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