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(영문) 의정부지방법원 2014.06.17 2014고단788
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 01:40 on March 20, 2014, the Defendant expressed his attitude to the effect that he would inflict harm on the victim’s life and body, such as e.g., E., the residence of the victim D (the age of 56) in Namyang-si, the Defendant: (a) called the victim at that time; (b) e.g., e., e., e., e., e., the victim’s hair; (c) knife the victim’s head knife; (d) knife the victim’s head knife; and (e) knife the victim’s head knife; and (e)

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site and victim photographs;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Determination of Punishment] Types IV (Habitual, Cumulative, Special Intimidation): [Special Intimidation] mitigated elements: [Determination of the recommended sphere] 4 to one year [the scope of the recommendation sphere] 4 to 1 year [the general person in prison] mitigated elements - Aggravation factors: In serious reflective factors - The applicable provisions of applicable Acts / [the scope of punishment less than 10 years after completion of execution] of the same type of repeated crime, the same sentence which does not fall under repeated crimes (the period of less than 10 years after completion of execution] : One year or suspension of execution [the period of suspension of execution] - Major writing (the period of suspension of execution of sentence of not more than five years or a fine of not less than three times): Major writing grounds for not less than five years] of the same criminal records (including a serious effort to recover damage): The defendant was unable to properly ascertain the facts that he committed the crime in this case by taking into account the circumstances that he committed the crime in question and failed to ascertain the truth of the defendant's.

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