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(영문) 제주지방법원 2014.12.16 2014고단1561
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

except that 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 July 20, 2014, the Defendant: (a) within the container in Jeju Island C, around 21:00 on the first day of July 2014, the Defendant threatened the victim by saying, “I will be killed,” because the Defendant was in a dispute with the victim due to the consideration for the business that caused the victim to disrupt the victim D (the age of 65)’s horses; (b) the victim was in the chest part of the victim’s chest; and (c) the victim was walking the Defendant’s face with the victim’s face; and (d) the victim said that the victim would be in danger.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. “Investigation Report - Relating to Investigation by Witnesses E” shall apply

1. Relevant Article of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: Recommendation, sentence scope [the scope of sentence [the crime of violence, intimidation, type 4 (special intimidation), basic area, six months - one year and six months] on the grounds of sentencing in Article 62(1) of the Criminal Act (see Article 51 of the Criminal Act as stated in the grounds of sentencing] and the following circumstances are determined as per the disposition in consideration of all the following circumstances: Recognizing favorable circumstances: recognizing facts of crime; taking into account the motive of crime (the fact that the injured party first consented to the face of the accused); taking into account the motive of the crime (the injured party is recognized); violation of the Punishment of Violences, etc. Act on August 4, 1993; fine of KRW 300,00,000,000 are imposed once; and there is no criminal conviction or more identical criminal records or fines: The circumstances after the crime, age, etc. of the accused;

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