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(영문) 의정부지방법원 2014.10.21 2014고단2295
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2014, at around 23:00, the Defendant threatened the victim with a knife, a deadly weapon in his house, knife (20 centimeters in length) and a deadly weapon (20 centimeters in length) on the ground that the victim D (the age of 46) who was living on the upper floor was able to commit a noise incident before the Defendant’s dwelling entrance, around 108 Dongri-si, 1201, and 1201, on the ground that the victim D (the age of 46) was living on the upper floor.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of D;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no basic area (6 to 1.6 months), basic area (6 months) (6 months and 1.6 months) of the suspended sentence (6 months) of the Criminal Act [1] [6-1.6 months] [1] of the suspended sentence] [6-1] of the Criminal Act [6-1] [6 months] of the suspended sentence] [6-1] of the crime of intimidation [6-1] [6 months]

The defendant's directors at a different place seems to have lost the risk of recidivism, and the defendant has reduced the amount by taking into account the fact that there is no specific criminal power.

In addition, in full view of various circumstances, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime of this case, the sentencing conditions as shown in the records and arguments shall be sentenced as the disposition.

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