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(영문) 의정부지방법원 2015.06.30 2014고단4814
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective weapon, deadly weapon, etc.) threatened the victim on the ground that, around October 2013, the Defendant, at around 20:0 in the residence of the Defendant, at around C/10 30 dong 301, she neglected himself/herself due to the victim D and money problems.

2. Around 21:00 on December 6, 2014, the injured Defendant saw the victim’s neck by hand while talking with money in the upper place of residence, and caused damage to the victim’s neck that requires approximately three weeks of medical treatment due to his / her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Damage photographs;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Act on the Punishment of Violences, etc., Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc., Article 283 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment for an injury);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution, in the case where the mitigated area (including persons who have been specially mitigated), the mitigated area (4 to 1 year), the mitigated area (including serious efforts to recover from damage) of the mitigated area (4 to 1 year), or considerable damage has been recovered, the crime No. 2 [the scope of recommending punishment] of the mitigated area (2 to 1 year), the mitigated area (2 to 2-1 year) of the mitigated area (2 to 4 years of general injury) of the mitigated area (2 to 4] of the mitigated area (2 to 4] of the mitigated area of the mitigated area (2 to 1 year): The defendant appears to have continuously exercised violence against the victim in April to 16 [the decision of sentenced punishment], and the means and methods of violence

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