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(영문) 의정부지방법원 2014.05.14 2014고단195
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 10:40 on November 25, 2013, the Defendant collected the kitchen knife (12 cm length, 18 cm length), which is a dangerous object in the singing of the aged, and threatened the victims in front of and after several times as the knife knife knife knife knife knife knife knife knife knife knife knife knifes.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each prosecutor's investigation report;

1. Application of the police investigation report and photographic Acts and subordinate statutes to the suspect-using tools;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, and Article 283 (1) of the Criminal Act (the occupation of each dangerous article and intimidation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [Determination of Punishment] - Types 4 (Special Intimidation) [Special Intimidation] - The elements for mitigation of punishment (including a serious effort to recover damage): [Determination of the recommended area] / [the scope of the recommendation area] 4 months to 1 year [the scope of the recommendation area] / 1 year [the general person in general] mitigation element: / the serious half [the scope of the punishment (the person in principal responsibility] / the serious half [the scope of the punishment] 6 months to 15 years (the period of the punishment] - The main reasons for the positive action: The reason for the affirmative action (including a serious effort to recover damage) - There are no criminal records beyond a prison sentence / serious half or more [the decision of the punishment] 8 months, the suspension of the execution of the sentence 2 years, the defendant kn's dangerous goods and three victims who are disadvantageous to the defendant, in particular, and others are disadvantageous to the defendant.

However, there is no criminal history of the defendant above the suspension of execution, the victims did not want the punishment of the defendant by agreement with the victims, and the defendant's excessive exemption from the punishment of this case is contingent.

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