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(영문) 울산지방법원 2015.11.26 2015고단2209
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 August 12, 2015, at around 06:35, the Defendant threatened the Defendant with the “CPC bank” parking lot located in Ulsan-gu, Ulsan-gu, Seoul-do, by taking the knife (20cc in knife length) which is a dangerous object being kept in custody in the Aburged vehicle with the victim D (19 years of age) and Sinife, and threatening the Defendant to “I am dead, I am her imprisonment with prison labor, I am going to her knife”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending punishment] The basic area (2-1 year) of category 1 (general intimidation) (2-1 year) and the basic area (2-1 year) (2-1 year) (a decision of sentencing), and the form of crime is dangerous, such as threatening the victim, and criminal records of the same kind, and multiple records of juvenile protective disposition are not good enough.

However, the sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, and criminal records, shall be determined as per the order.

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