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(영문) 인천지방법원 부천지원 2015.07.02 2015고단1039
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On March 23, 2015, at the E restaurant located in Kimpo-si D, Kimpo-si on March 23, 2015, the Defendant: (a) threatened the Defendant with the Defendant’s wife-type victim F (n, 30 years of age) and the Defendant’s wife-type personnel who did not properly conduct appraisal as a matter of the usual name; (b) when the cost occurred, the Defendant sent back the victim, etc. several times due to a new house where he was located at the new site, and the Gabb, which is a dangerous object in the table, to the victim’s item, and threatened the Defendant “I am dead, Ba Ma.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes concerning CCTV images, such as virtual photographs;

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

3. The reasons for sentencing [the range of recommending sentence] under Article 62(1)(hereinafter referred to as the following favorable circumstances] of the Act on the Suspension of Execution, taking into account the following factors: (a) the mitigated area (1 to 8 months) of the Act on the Punishment of Terrorism (a person under special mitigation) [a person under special mitigation] of the punishment (a person under special mitigation] of the Defendant’s failure to impose a sentence] of the punishment (a person under special mitigation] of the Criminal Act in depth

Public Prosecution Rejection Parts

1. On March 23, 2015, at the E cafeteria located in Kimpo-si, Kimpo-si on March 23, 2015, the summary of the facts charged was assaulted by the Defendant on the part of the victim F (n, 30 years of age) who was the Defendant’s wife and his reputation due to the Defendant’s lack of adequate personnel, and on the part of his reputation, the Defendant committed several assaults on the part of the victim, etc. at the new site.

2. Crimes of non-compliance with judgment: Judgment dismissing public prosecution pursuant to subparagraph 6 of Article 327 of the Criminal Procedure Act by the victim under Article 260 (3) of the Criminal Act who wishes to punish him/her after the prosecution is

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