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(영문) 의정부지방법원 2014.10.27 2014고단2276
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 of the final judgment.

Reasons

Punishment of the crime

1. Around July 6, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) committed a threat to the life and body of the victim by taking out approximately 13§¯, which is a deadly weapon (13§¯ in the blade) possessed by the victim D (the age of 35) in Namyang-si, Namyang-si, without any particular reason, and threatening the victim to the effect that “I know that I would know that I would know that I would know the knife, I would know the knife, and that I would know the president's telephone number, so I would like to threaten the victim's life and body by taking off the knife calculation stand.”

2. At around 01:24 on the same day, the Defendant threatened the victim with an attitude of threatening the victim to threaten the victim’s life and body on the ground that the victim reported to the police at the same place, such as talking that the victim “at least reported to the police, she must do so, she was frighted, she was, and she was fright, up to the time when she went to the police.”

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the knives and photographic Acts and subordinate statutes to the suspect;

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 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 283 (1) of the Criminal Act concerning the crime;

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. Type 1 (Recommendation of Punishment) and Category 2 (Recommendation of Punishment) of the Act on the Suspension of Execution, Article 62(1) of the Criminal Act, for the reasons of the sentence of Article 62(1) of the Act on the Suspension of Execution, in the case where a person commits a crime by force of an organization or multiple groups, or by carrying a deadly weapon or other dangerous articles (except in the case where special intimidation is applied), or committed a crime by carrying a deadly weapon or other dangerous articles (except in the case where special intimidation is applied), the basic area of the crimes of intimidation (Recommendation of Punishment from February to 1).

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