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(영문) 의정부지방법원 고양지원 2015.03.26 2014고단3063
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 September 15, 2014, at around 09:09, the Defendant, on the front of the “D” road located in C at Pump on September 15, 2014. On the ground that the victim F (the age of 47) who driven the Eump truck while walkinging, was soundingd on the road, obstructed the progress of the said truck, seated on the road, cut off the light knife, which is a dangerous object, and led the victim who was seated at the dump truck driver’s seat, and led the victim to take the knife of the above dump truck, and expressed the attitude that the victim was able to write down twice the body of the victim at the hump knife.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation records (Listening to statements by victims, etc.);

1. Application of Acts and subordinate statutes to a photograph by cutting a motor vehicle boom box;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (Scope of Recommendation) is that the mitigated area (4 to 1 year), the mitigated area (4 to 4 months), the mitigated area (including serious efforts to recover damage), or where considerable damage has been recovered (including a decision of a sentenced sentence), although the criminal facts of this case that threatened the victim using a knife that is a dangerous object (the decision of a sentenced sentence), the crime of this case is not easy for the victim to commit the crime of this case by mutual consent with the victim, but the victim is not punished against the defendant, the fact that the defendant is divided and against him, the defendant appears to have caused the crime of this case by contingent action, and other facts, such as the criminal records, age, character and behavior, environment, motive, means and result of the crime of this case, the circumstances after the crime, etc., shall be determined as the sentence as ordered.

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