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(영문) 춘천지방법원 강릉지원 2015.01.07 2014고단998
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 17, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for violating the Road Traffic Act (unlicensed Driving) in the Chuncheon District Court's original branch on January 17, 2012, and was released on February 28, 2013 in the original prison and passed on May 1, 2013 during the execution of the sentence.

【Criminal Facts】

Around 08:20 on September 20, 2014, the Defendant offered to the victim E (the 46-year-old) (the 46-year-old-old-old-old-old-old-old-old-old-old-old-paking-paking-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-free-

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Related photographs;

1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes on criminal records, reply reports, personal identification and confinement status;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the following reasons for sentencing), including the fact that the defendant recognized his mistake and repented, agreed with the victim, support for the wife with a delay disability, etc., and the defendant has committed the crime of this case during the period of repeated crime for which one year and four months have passed since the execution of the punishment was completed, and the defendant has the record of punishment for the same kind of crime, and the defendant has committed the crime of this case, which is disadvantageous to him, and the crime of violence, intimidation, and type 4 of the sentencing criteria, comprehensively taking account of the various circumstances, such as the defendant's age, character and behavior, family relationship, the circumstances leading to the crime of this case, and the past progress.

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