(영문) 울산지방법원 2015.12.16 2015고단2171

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(영문) 울산지방법원 2015.12.16 2015고단2171

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On May 21, 2015, at around 22:40, the Defendant: (a) taken the victim E (55) who is driving the Defendant’s D's D's D'a car on the front of the "C's restaurant located in Ulsan-gu B on behalf of the Defendant on the road; (b) taken the knive knife (15 cm length) that is a dangerous object kept by the Defendant on the front of the said car on the ground that the said car is cliffly driven the said car, and threatened the victim by threateninging the victim to “the knife”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Order to attend lectures under Article 62-2 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 the mitigated area (4 to 1 year), which is the mitigated area (4 to 4 months and 1 year), [the person subject to special mitigation] [the decision of sentence] a proxy driving technician who is driving on a motor vehicle threatens him/her to be a deadly weapon, and his/her ability to be punished by a fine due to an act of violence is an element for sentencing unfavorable to the defendant.

On the other hand, the fact that there is no record of punishment of suspension of qualifications or more severe punishment, that the victim does not want the punishment of the defendant by agreement with the victim at the investigation stage, and that the confession of the crime and the misunderstanding can be divided is an element

In addition, the punishment shall be determined as per the Disposition in consideration of the age, family relations, etc. of the defendant.

참조조문

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