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(영문) 수원지방법원 여주지원 2015.06.10 2015고단311
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 19:00 on April 8, 2015, the Defendant: (a) sent the victim’s chests to the victim, who was in prudent-gun C (the age of 42) on the ground that the victim took a bath to the Defendant; (b) sent the victim’s chests to the victim; and (c) followed the Defendant’s house located in the nearby Defendant’s house, saying that the Defendant will knife the knife and knife the knife and knife the knife knife knife with the victim.

Accordingly, the defendant, carrying a knife, which is a deadly weapon, threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Application of the statutes governing seizure photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] is that there is no basic area (6 to 1.6 months) (6 months), the basic area (6 months and 1.6 months) of the crime (the decision of sentence] (the decision of sentence). However, the nature of the crime is not easy when considering the fact that there is an agreement with the victim, and that the defendant led to confession and reflects the crime, etc., it is ordered as set forth in the disposition.

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