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(영문) 의정부지방법원 2014.01.07 2013고단4137
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 02:20 on October 27, 2013, the Defendant reported that C(20 years of age) w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Damage photographs and photographs of criminal tools;

1. Application of Acts and subordinate statutes to report on investigation (referring to reporting on the C Call Recording for Victims);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Although the reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. is very poor, the crime committed in the form of intimidation by the defendant using a knife knife knife, which is a dangerous object, appears to have no record of the same kind of crime, confession and depth, and the fact that the defendant has reached an agreement with the victim is favorable, the punishment as ordered shall be determined by taking into account favorable circumstances, such as the defendant’s age, character and behavior

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