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(영문) 춘천지방법원 2014.08.12 2014고단454
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of Acts and subordinate statutes to each photograph (case scene, deadly weapons and documentary evidence-D police box);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the punishment specified for the crime against the victim B with heavier penalty);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances);

1. The scope of final sentence according to the mitigation area (4 to 1 year), mitigation area (4 to 4 months and year) (special mitigation area) and the aggravation of punishment for multiple offenders: the sentencing range compared with the recommended sentence in April to June 1: June 1, 196 [Pronouncement Decision] 6 to June 6], taking into account the above circumstances and all the circumstances revealed during the proceedings of the instant case, such as the Defendant’s criminal records, etc., the sentence shall be determined as per Disposition within the scope of comparative sentence with the recommended sentence.

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