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(영문) 제주지방법원 2014.02.20 2014고단44
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On December 11, 2013, the Defendant, while driving a D-car in front of the C-cafeteria in Seopo City B, Seopopopo City B, was shocking the F-owned vehicle owned by the victim E, which was parked on the right side of the road. On the spot, on the ground that: (a) the victim and the victim reported to the police, and (b) the Defendant threatened the victim with a knife, which is an object dangerous in the fishing room located on the Defendant’s vehicle, by taking the knife (knife 20cm length) and by taking the knife knife, which is an object dangerous in the fishing room on the Defendant’s vehicle, to the direction of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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 (see, e.g., the fact that the defendant is led to confession and reflects his depth, the fact that the victim and the defendant have agreed smoothly with the victim, and the fact that the defendant has no record of being sentenced to punishment exceeding

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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